§ 67-1-1443 — Failure to pay taxes collected from taxpayer's customers

(a) Any person required to collect, truthfully account for, and pay over any tax collected from customers of any taxpayer, who willfully fails to truthfully account for and pay over any such tax collected, or who willfully attempts in any manner to evade or defeat any such tax or the payment of those taxes, shall, in addition to other penalties provided by law, be liable for the total amount of the tax evaded, or not accounted for and paid over, along with penalties and interest. (b) As used in this section: (1) "Person" includes an officer or employee of a corporation, who, as such officer or employee, is under a duty to perform the act with respect to which the violation occurs; and (2) "Willfully" is limited to material and informed participation in the diversion of such collected funds to a source other than to the state. (c) The liability imposed by this section shall be collected as otherwise provided in this chapter.

Legislative History

Acts 1988, ch. 614, § 1; 1996, ch. 563, § 1.