§ 44-19-35 - Tax collection as property held in trust for the state.
SECTION 44-19-35
§ 44-19-35 Tax collection as property heldin trust for the state. – All taxes collected by any retailer from purchasers in accordance with theprovisions of chapter 18 of this title, and all taxes collected by any retailerfrom purchasers under color of those provisions, constitutes a trust fund forthe state until paid to the tax administrator. That trust is enforceableagainst:
(1) The retailer;
(2) Any officer, agent, servant, or employee of any corporateretailer responsible for either the collection or payment, or both, of the tax;
(3) Any person receiving any part of the fund withoutconsideration, or knowing that the retailer or any officer, agent, servant, oremployee of any corporate retailer is committing a breach of trust; and
(4) Their estates, heirs, and representatives; provided, thata purchaser to whom a refund has been properly made, or any person who receivespayment of a lawful obligation of the retailer from that fund, is presumed tohave received that amount in good faith and without any knowledge of the breachof trust.
(ii) The word "purchaser" includes a person who has paidrental charges on living quarters in any hotel, rooming house, or tourist camp.