Kentucky Statutes 142.404 – Officer and member liability for taxes due
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Notwithstanding any other provision of law to the contrary, the president, vice president, secretary, treasurer, manager, partner, or any other person holding any equivalent office or position in any corporation, limited liability company, limited liability partnership, or limited liability limited partnership subject to KRS § 142.400 and KRS § 142.402 shall be personally and individually liable, both jointly and severally, for the tax imposed under KRS § 142.400. Dissolution, withdrawal of the corporation, limited liability company, limited liability partnership, or limited liability limited partnership from the state, or the cessation of holding any office shall not discharge the liability of any person. The liability shall attach at the time the tax becomes or became due. No person shall be held liable under this section if the person did not have authority to collect, truthfully account for, or pay over the tax at the time it became due. “Taxes” as used in this section shall include interest accrued under KRS § 131.183 and all applicable penalties imposed under this chapter or KRS § 131.180, 131.410 to 131.445, and 131.990.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 149, sec. 205, effective July 12, 2006. — Created
2005 Ky. Acts ch. 168, sec. 69, effective June 1, 2005.
Effective: July 12, 2006
Terms Used In Kentucky Statutes 142.404
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Partnership: includes both general and limited partnerships. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
History: Amended 2006 Ky. Acts ch. 149, sec. 205, effective July 12, 2006. — Created
2005 Ky. Acts ch. 168, sec. 69, effective June 1, 2005.