§ 57-38-60.2 — Governor and manager liability

North Dakota § 57-38-60.2

• Jurisdiction: North Dakota
• Title 57: Taxation
• Ch. 57-38: Income Tax

Text

1. If a limited liability company is an employer and fails for any reason to file the required
returns or to pay the tax due, the governors, managers, or members of a
member-controlled limited liability company, jointly or severally, charged with the
responsibility of the preparation of the returns and payments are personally liable for
such failure. The dissolution of a limited liability company does not discharge a
governor's, manager's, or member's liability for a prior failure of the limited liability

company to file a return or remit the tax due. The taxes, penalty, and interest may be
assessed and collected pursuant to the provisions of this chapter.
2. If the governors, managers, or members elect not to be personally liable for the failure
to file the required returns or to pay the tax due, the limited liability company must be
required to make a cash deposit or post and maintain with the tax commissioner a
bond or undertaking executed by a surety company authorized to do business in this
state. The cash deposit, bond, or undertaking provided for in this section must be in an
amount equal to the estimated annual income tax withholding liability of the limited
liability company.