Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2014
 

Sales and Use Tax Annotations


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C

170.0000 COLLECTION OF TAX BY BOARD

Annotation 170.0008

(a) IN GENERAL

170.0008 Trustee in Bankruptcy. One of the duties of a trustee in bankruptcy, appointed to operate a debtor's business, is to pay collected amounts to appropriate governmental agencies at the time and in the manner prescribed by local law. If a trustee fails to pay taxes due to the Board in a timely manner, the Board should file an administrative claim in the bankruptcy action for the full post-petition liability. Until a Chapter 11 plan has been confirmed by the court, the "automatic stay" is in effect and the Board should take no administrative action to satisfy post-petition tax liability including revoking the seller's permit issued to the trustee. The Board should, however, consider referring actions in which a trustee is not fulfilling his duties for a motion to "convert or dismiss." 10/20/93. (Am. M99–1).