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am i liable for penaties and interest for sales tax liabilty

 
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  • Answered by:USTaxAdvising
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Customer Question

am i liable for penaties and interest for sales tax liabilty from business i owned in the state of arizona

 

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State/Country relating to question: Arizona

Already Tried:
ask the city of tucson to wave penatlies and interest on sales tax liability T

Submitted: 342 days ago.
Category: Tax
Value: $39
Status: CLOSED
Expert:  USTaxAdvising replied 342 days ago.


USTaxAdvising :

Since Arizona imposes Sales Tax on all retail sales I would assume that your business would have been liable for any "sales" it procured in the state of Arizona.

Customer :

I understand, my questions is am not am i responsable for the tax the corporation owes . Am i responsible for the penatlies and interest . I assume i am responsble for the sales tax but the corporataion is responsble for the penatlies and interest not me

USTaxAdvising :

If you had not submitted the "sales taxes" to the revenue department then I would expect that they would be charging you penalties and interest on the past due amounts.

USTaxAdvising :

I am confused here. What is the difference between you and the "corporation"?

USTaxAdvising :

If the corporation were the seller it would be responsible for the tax and penalties and interest.

USTaxAdvising :

Where do you "personally" fit into the picture?

USTaxAdvising :

The seller is generally responsible for the taxes, not the buyer. (unless stipulated in a sales agreement)

USTaxAdvising :

If you can get back to me with a little more facts that would be helpful. Generally the seller of the products is responsible for the remitance of the sales taxes. If that person/business did not remit the taxes it would be responsible for the penalties and interest imposed.

USTaxAdvising :

Please let me know if you have any further questions.

Customer :

I was presedent of corporation in Arizona It filed for bankruptsy in 2009 My bankrutcy lawyer told me i would not be liable for sales tax the corporation colleted for the state or arizona and the city of tucson. After the corporation filed bankruptsy he told me there was a new law that would cause me to pay the sales tax. I have filed all tax reports and am working with the city of tucson to settle the Tax Liability. They tell me i am liable for the tax and penalty. When dealing with the IRS i am told i am responsable for the payroll tax trust portion, but not the penalties and interest. I do not understand how the IRS allows the corporation to be responsable for the interest and penatlies but the city holds me responsable for the city sales tax and penalties, not the corporations. I was the president of the corporation and owned 50% of the stock.

Accepted Answer

Expert:  USTaxAdvising replied 341 days and 21 hours ago.

Ok I see, this is good information. I'll do some research and get back to you later this evening.

Expert TypeCPA
Category: Tax
Pos. Feedback: 98.5 %
Accepts: 786
Answered: 5/6/2012

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Expert:  USTaxAdvising replied 341 days and 14 hours ago.

Based on my research of the "City License and Privilege Tax Code" it appears that the Tucson Revenue Department may have this authority. (Per Sec. 15-595 Collection of Taxes when there is succession in and/ or cessation of business)

http://cms3.tucsonaz.gov/files/finance/Code2010.pdf

 

Since you are 50% owner of the business I would expect the most that you would be liable for would be 50% of the liability, penalties, and interest.

 

It might be worth it to draw up a letter and request abatement of the penalties and interest, much like under federal IRS law. (Food for thought.)

 

Sorry I could not have brought forth better fruit. Please let me know if you have any other further questions.

 

Best regards,

 
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