Title 48, Chapter 8, Section 46
( 48-8-46)
If any dealer liable for any tax, interest, or penalty imposed by
this article sells out his business or stock of goods or equipment
or quits the business, he shall make a final return and payment
within 15 days after the date of selling or quitting the business.
The dealer's successor or assigns, if any, shall withhold a
sufficient amount of the purchase money to cover the amount of the
taxes, interest, and penalties due and unpaid until the former owner
produces either a receipt from the commissioner showing that the
taxes, interest, and penalties have been paid or a certificate from
the commissioner stating that no sales and use taxes, interest, or
penalties are due. If the purchaser of a business or stock of goods
or equipment fails to withhold the purchase money as required by
this Code section, he shall be personally liable for the payment of
any sales and use taxes, interest, and penalties accruing and unpaid
by any former owner or assignor. The personal liability of the
purchaser in such a case shall not exceed the amount of the total
purchase money, but the property being transferred shall in all
cases be subject to the full amount of the tax lien arising from the
delinquencies of the former owner. |