Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2013
 

Sales and Use Tax Annotations


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C

170.0000 COLLECTION OF TAX BY BOARD

Annotation 170.0700

(a) IN GENERAL

170.0700 Willfully Fails to Pay—Defined. The failure to pay taxes is willful if the corporation had money on hand and other corporate debts were voluntarily paid without paying taxes due. On the other hand, a corporation which has its cash and other liquid assets seized or levied upon by creditors cannot be said to have had available funds. Further, it cannot be assumed simply because there is evidence of sales tax reimbursement that the monies were available when the taxes became due and payable. 5/1/91.