§ 272 — Penalty for failure to pay tax; liability for tax of agent or broker

§ 272. Penalty for failure to pay tax; liability for tax of agent or\nbroker. 1. Except as provided in subdivision three of this section, any\nperson or persons liable to pay the tax by this article imposed, and any\none who acts in the matter as agent or broker for such person or\npersons, who shall make any sale, transfer or delivery of shares or\ncertificates taxable under this article without paying the tax by this\narticle imposed, and any person who shall in pursuance of any sale,\ntransfer or agreement, deliver any certificate or evidence of the sale\nor transfer of or agreement to sell any such certificate, or bill or\nmemorandum thereof, or who shall transfer or cause the same to be\ntransferred upon the books or records of the association, company,\ncorporation, or business conducted by a trustee or trustees, and any\nassociation, company, corporation or business conducted by a trustee or\ntrustees, whose stock or other certificates taxable hereunder is sold or\ntransferred, which shall transfer or cause the same to be transferred\nupon its books, without having affixed thereto the stamps provided for\nin this article, and where required by the provisions of this article, a\ndeclaration as prescribed by paragraph (c) of subdivision one of section\ntwo hundred seventy-a of this article shall be deemed guilty of a\nmisdemeanor, and upon conviction thereof shall pay a fine of not less\nthan five hundred nor more than one thousand dollars, or be imprisoned\nfor not more than six months or by both such fine and imprisonment, in\nthe discretion of the court.\n 2. Any person who acts as agent or broker for a person liable to pay\nthe tax by this article imposed, who shall be subject to or liable for\nthe penalty provided for by subdivision one of this section shall,\nregardless of whether he has been prosecuted for or acquitted of such\ncriminal liability, in addition to such criminal liability, be liable\nfor the payment of the tax, and such liability may be enforced in the\nsame manner as any liability for tax imposed by this article, and its\ndetermination and collection shall be effected pursuant to and subject\nto the provisions of sections two hundred seventy-nine-a, two hundred\nseventy-nine-b and two hundred eighty-one of this chapter. The burden,\nin any hearing held pursuant to such section two hundred seventy-nine-a,\nof proving the facts to show the absence of liability for the tax\nimposed by this subdivision upon such agent or broker, shall be upon\nsuch agent or broker.\n 3. The penalties provided by subdivision one of this section shall not\napply to any agent or broker or to any other person who shall perform\nany of the acts set forth in such subdivision, in good faith, in\nreliance upon a declaration furnished pursuant to paragraph (c) of\nsubdivision one of section two hundred seventy-a of this chapter, as to\nwhich declaration such broker, agent or other person, before such act\nhad received no notice of cancellation of such declaration pursuant to\nthe provisions of clause (iii) of subparagraph (2) of such paragraph and\nhas no knowledge or reasonable grounds to believe that the status of\nsuch nonresident as a nonresident has changed.\n