N.Y. Comp. Codes R. & Regs. tit. 20 § 532.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 532.3 - Personal liability

(a)

(1) Every person required to collect any tax imposed by article 28 and pursuant to the authority of article 29 of the Tax Law shall be personally liable for the tax imposed, collected or required to be collected. Any officer or employee of a corporation or a dissolved corporation who is required to collect, truthfully account for, or pay over the tax, and any person who is a member of a partnership may be held personally liable for the tax as a person required to collect.

Cross-reference:For definition of persons required to collect tax, see section 526.11 of this Title.

(2) Such persons shall be personally liable for the tax imposed at the combined rate applicable to the city, county or school district in which a sale was made or services rendered. This liability applies whether or not the tax imposed was collected.

(b) Right to assess. The Division of Taxation may assess the amount of the tax due from a person required to collect tax. See Part 535 of this Title, Assessment and Review.

Example:Corporation A has been dissolved. It is subsequently discovered, within the statutory time to assess, that the payment made with a return was incorrect. The Division of Taxation may issue a notice of determination and demand for payment of sales and use taxes against each of the responsible officers of the corporation for the tax, penalty and interest owed.

N.Y. Comp. Codes R. & Regs. Tit. 20 § 532.3