Kentucky Statutes 138.183 – Officer and member liability
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(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.
Effective: August 1, 2020
History: Amended 2020 Ky. Acts ch. 91, sec. 54, effective August 1, 2020. — Amended
2018 Ky. Acts ch. 171, sec. 32, effective April 14, 2018; and ch. 207, sec. 32, effective April 27, 2018. — Amended 2006 Ky. Acts ch. 149, sec. 199, effective July
12, 2006. — Created 2005 Ky. Acts ch. 168, sec. 86, effective June 1, 2005.
138.205 shall be personally and individually liable, both jointly and severally, for the taxes imposed by KRS § 138.140.
Terms Used In Kentucky Statutes 138.183
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Partnership: includes both general and limited partnerships. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(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.
Effective: August 1, 2020
History: Amended 2020 Ky. Acts ch. 91, sec. 54, effective August 1, 2020. — Amended
2018 Ky. Acts ch. 171, sec. 32, effective April 14, 2018; and ch. 207, sec. 32, effective April 27, 2018. — Amended 2006 Ky. Acts ch. 149, sec. 199, effective July
12, 2006. — Created 2005 Ky. Acts ch. 168, sec. 86, effective June 1, 2005.