139.185 Corporate officers, managers of limited liability companies, and partners of registered limited liability partnerships personally liable. - Kentucky Statutes

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Page 1 of 1 139.185 Corporate officers, managers of limited liability companies, and partners of registered limited liability partnerships personally liable. (1) Notwithstanding any other provisions 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 this chapter shall be
personally and individually liable, both jointly and severally, for the taxes imposed
under this chapter, and neither the corporate dissolution nor withdrawal of the
corporation from the state nor the cessation of holding any corporate office shall
discharge the foregoing liability of any person. The personal and individual liability
shall apply to each and every person holding the corporate office at the time the
taxes become or became due. No person will be personally and individually liable
pursuant to this section who had no authority in the management of the business or
financial affairs of the corporation at the time that the taxes imposed by this chapter
become or became due. Taxes as used in this section shall include interest accrued
at the rate provided by KRS 139.650 and all applicable penalties imposed under this
chapter and all applicable penalties and fees imposed under KRS 131.180, 131.410
to 131.445, and 131.990. (2) Notwithstanding any other provisions of this chapter, KRS 275.150, 362.1-306(3) or predecessor law, or 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 this chapter shall be
personally and individually liable, both jointly and severally, for the taxes imposed
under this chapter. 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 each and every manager of a limited
liability company, partner of a limited liability partnership, and the general partners
of a limited liability limited partnership at the time the taxes become or became due.
No person shall be personally and individually liable under this subsection who had
no authority to collect, truthfully account for, or pay over any tax imposed by this
chapter at the time that the taxes imposed by this chapter become or became due.
"Taxes" as used in this section shall include interest accrued at the rate provided by
KRS 131.183, all applicable penalties imposed under this chapter, and all applicable
penalties and fees imposed under KRS 131.180, 131.410 to 131.445, and 131.990. Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 149, sec. 201, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 366, sec. 16, effective January 1, 2003. -- Amended
1994 Ky. Acts ch. 65, sec. 16, effective July 15, 1994. -- Created 1988 Ky. Acts
ch. 322, sec. 9, effective July 15, 1988. Legislative Research Commission Note (1/1/2003). The amendments made in 2002 Ky. Acts ch. 366, sec. 16, which created subsection (2) of this statute, "apply
retroactively to July 15, 1994." 2002 Ky. Acts ch. 366, sec. 19.