Statutes > Washington Statutes > Title 82 - Excise taxes > 82.72 - Telephone program excise tax administration. > 82.72.080 - Liability for payment of taxes upon termination, dissolution, or abandonment of business.

82.72.080 - Liability for payment of taxes upon termination, dissolution, or abandonment of business.

Liability for payment of taxes upon termination, dissolution, or abandonment of business.

(1) Upon termination, dissolution, or abandonment of a corporate or limited liability company business, any officer, member, manager, or other person having control or supervision of tax funds collected and held in trust under RCW 82.72.040, or who is charged with the responsibility for the filing of returns or the payment of tax funds collected and held in trust under RCW 82.72.040, is personally liable for any unpaid taxes and interest and penalties on those taxes, if the officer or other person willfully fails to pay or to cause to be paid any taxes due from the corporation under this section. For the purposes of this section, any taxes that have been paid, but not collected, are deductible from the taxes collected but not paid. For purposes of this subsection "willfully fails to pay or to cause to be paid" means that the failure was the result of an intentional, conscious, and voluntary course of action.

     (2) The officer, member, manager, or other person is liable only for taxes collected that became due during the period he or she had the control, supervision, responsibility, or duty to act for the corporation described in subsection (1) of this section, plus interest and penalties on those taxes.

     (3) Persons liable under subsection (1) of this section are exempt from liability if nonpayment of the tax funds held in trust is due to reasons beyond their control as determined by the department by rule.

     (4) Any person having been issued a notice of assessment under this section is entitled to the appeal procedures under RCW 82.32.160 through 82.32.200.

     (5) This section applies only if the department has determined that there is no reasonable means of collecting the tax funds held in trust directly from the corporation.

     (6) This section does not relieve the corporation or limited liability company of other tax liabilities or otherwise impair other tax collection remedies afforded by law.

[2004 c 254 § 10.]

Notes: Effective date -- 2004 c 254: See note following RCW 82.72.010.