The president, vice president, secretary, treasurer, or any other person holding any equivalent corporate office of any corporation subject to the provisions of KRS § 138.870 to KRS § 138.889, shall be personally and individually liable, both jointly and severally, for the tax, penalty, and interest imposed under KRS § 138.872 and KRS § 138.889, and neither the corporate dissolution nor withdrawal of the corporation from the state nor the cessation of holding any corporate office shall discharge the liability of any person. The personal and individual liability shall apply to each and every person holding the corporate office at the time the tax becomes or became due. No person shall be personally and individually liable pursuant to KRS § 138.870 to KRS § 138.889 who had no authority in the management of the business or financial affairs of the corporation at the time that the tax imposed by KRS § 138.872 becomes or became due.
Effective: July 15, 1994

Terms Used In Kentucky Statutes 138.885

  • 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
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010

History: Created 1994 Ky. Acts ch. 315, sec. 9, effective July 15, 1994.

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