138.183 Officer and member liability for taxes due. - Kentucky Statutes

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Page 1 of 1 138.183 Officer and member liability for taxes due. (1) Notwithstanding any other provision of this chapter to the contrary, the president, vice president, secretary, treasurer, or any other person holding any equivalent
corporate office of any corporation subject to the provisions of KRS 138.130 to
138.205 shall be personally and individually liable, both jointly and severally, for
the taxes imposed under KRS 138.130 to 138.205. (2) Corporate dissolution, withdrawal of the corporation from the state, or the cessation of holding any corporate office shall not discharge the liability of any person. The
personal and individual liability shall apply to every person holding a corporate
office at the time the tax becomes or became due. (3) Notwithstanding any other provision of this chapter, KRS 275.150, 362.1-306(3) or predecessor law, or KRS 362.2-404(3) to the contrary, the managers of a limited
liability company, the partners of a limited liability partnership, and the general
partners of a limited liability limited partnership or any other person holding any
equivalent office of a limited liability company, limited liability partnership or
limited liability limited partnership subject to the provisions of KRS 138.130 to
138.205 shall be personally and individually liable, both jointly and severally, for
the tax imposed under KRS 138.130 to 138.205. (4) Dissolution, withdrawal of the 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 personal and
individual liability shall apply to every manager of a limited liability company,
partner of a limited liability partnership or general partner of a limited liability
limited partnership at the time the tax becomes or became due. (5) No person shall be personally and individually liable under this section who had no authority to collect, truthfully account for, or pay over any tax imposed by KRS
138.130 to 138.205 at the time the tax imposed becomes or became due. (6) "Taxes" as used in this section include interest accrued at the rate provided by KRS 131.183, all applicable penalties imposed under the provisions of this chapter, and
all applicable penalties imposed under the provisions of KRS 131.180, 131.410 to
131.445, and 131.990. Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 149, sec. 199, effective July 12, 2006. -- Created 2005 Ky. Acts ch. 168, sec. 86, effective June 1, 2005.