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Is there personal liability if Corp owes sales tax to the State BOE? (100% SH)
If you cease business (shutting down corp or otherwise ceasing of business), Revenue & Tax Code Section 6829 shifts sales tax liability to the business owner/manager personally. The exact day of such shift by BOE marks a personal liability time event which must be aged similar to the aging of tax debt if you want discharge. Though, as is mentioned, there are other possible problems. See Adversary No. 8:10-AP-01288 for background. In that case, because the parent bankruptcy filing occurred too soon, discharge was unavailable and thus the necessity for a section 505 adversary proceeding to determine core tax liability had to be effectuated.
curt@patentax.com
>
> Hi all,
>
> Is there personal liability if corp (100% shareholder) owes sales tax to
> the State Board of Equalization?
>
> Thanks!
>
> Sincerely,
> *
>
> Daniela P. Romero*
> *Law Office of Daniela P. Romero, APLC*
> *1015 North Lake Ave., Ste. 212*
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> *web: www.pasadenabankruptcylaw.com*
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