Is there personal liability if Corp owes sales tax to

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Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


I'm not sure of the personal liability issue, but sales taxes are no
longer trust fund taxes in California. That was changed by statute
several years ago.
See, for example, In re Ilko (attached). Sales taxes can be
discharged when the criteria are met for discharging either excise
taxes or taxes measured by gross receipts/income.
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Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


Sales taxes are "trust fund" taxes for which "responsible persons" are held
personally accountable and cannot be discharged. The way the government
agencies phrase it, if you have the authority to decide to pay other
creditors (such as vendors and employees) before paying the sales taxes,
you have enough authority to be held liable.
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
Sales taxes are "trust fund" taxes for which "responsible persons" are held personally accountable and cannot be discharged. The way the government agencies phrase it, if you have the authority to decide to pay other creditors (such as vendors and employees) before paying the sales taxes, you have enough authority to be held liable.
-- Giovanni Orantes, Esq. Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.com
website: www.gobklaw.com

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