138.183 Officer and member liability.

351 words·~2 min read·/ky/chapter-138/138-183

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Notwithstanding any other provision of this chapter to the contrary, the president,

vice president, secretary, treasurer, or any other person holding any equivalent

corporate office of any corporation subject to the provisions of KRS 138.130 to

138.205 shall be personally and individually liable, both jointly and severally, for

the taxes imposed by KRS 138.140.

(2)Corporate dissolution, withdrawal of the corporation from the state, or the cessation

of holding any corporate office shall not discharge the liability of any person. The

personal and individual liability shall apply to every person holding a corporate

office at the time the tax becomes or became due.

(3)Notwithstanding any other provision of this chapter, KRS 275.150, 362.1-306(3) or

predecessor law, or KRS 362.2-404(3) to the contrary, the managers of a limited

liability company, the partners of a limited liability partnership, and the general

partners of a limited liability limited partnership or any other person holding any

equivalent office of a limited liability company, limited liability partnership or

limited liability limited partnership subject to the provisions of KRS 138.130 to

138.205 shall be personally and individually liable, both jointly and severally, for

the taxes imposed by KRS 138.140.

(4)Dissolution, withdrawal of the limited liability company, limited liability

partnership, or limited liability limited partnership from the state, or the cessation of

holding any office shall not discharge the liability of any person. The personal and

individual liability shall apply to every manager of a limited liability company,

partner of a limited liability partnership or general partner of a limited liability

limited partnership at the time the tax becomes or became due.

(5)No person shall be personally and individually liable under this section who had no

authority to collect, truthfully account for, or pay over any tax imposed by KRS

138.140 at the time the taxes imposed become or became due.

(6)"Taxes" as used in this section include interest accrued at the rate provided by KRS

131.183, all applicable penalties imposed under the provisions of this chapter, and

all applicable penalties imposed under the provisions of KRS 131.180, 131.410 to

131.445, and 131.990.