§ 57-39.2-18.1 — Corporate officer liability

North Dakota § 57-39.2-18.1

• Jurisdiction: North Dakota
• Title 57: Taxation
• Ch. 57-39.2: Sales Tax

Text

1. If a corporation required to hold a permit issued under this chapter fails for any reason
to file the required returns or to pay the tax due, the president, vice president,
secretary, or treasurer of the corporation, jointly or severally, having control, or
supervision of, or charged with the responsibility for making the returns and payments
are personally liable for the failure. The dissolution of a corporation shall not discharge
an officer's liability for a prior failure of the corporation to make a return or remit the tax
due. The sum due for the liability may be assessed and collected pursuant to the
provisions of this chapter for the assessment and collection of other liabilities.
2. If the corporate officers elect not to be personally liable for the failure to file the
required returns or to pay the tax due, the corporation 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 sales tax liability of the corporation.