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Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 12521
Experience:  Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
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Who is legally responsible for paying sales taxes for a business?

Resolved Question:

Who is legally responsible for paying sales taxes for a business? The owner of the business, who is aware sales taxes are due and how much, or the manager of the business.
Submitted: 9 months ago.
Category: Tax
Expert:  Megan C replied 9 months ago.

Megan C :

Hello! I am a CPA here to assist you with your tax questions. My goal is to provide you with excellent service today.

Megan C :

How are you today?

Megan C :

In the state of Florida, a person responsible for paying sales taxes is defined as follows;

Megan C :
Any person who is required to collect, truthfully account for, and pay over any tax enumerated in Chapter 201 (Excise Tax on

Documents), Chapter 206 (Motor and Other Fuel Taxes), or Chapter 212 (Tax on Sales, Use, and Other Transactions), and who

willingly fails to collect and pay over such tax or willingly attempts in any manner to evade or defeat such payment is, in add

ition to

other penalties provided by law, liable for a penalty equal to twice the amount of the tax evaded or not paid over to the state. Further,

any officer or director of a corporation who has administrative control over the collection and payment of the tax and who willingly

directs any employee of the corporation to fail to collect or pay over, evade, defeat, or truthfully account for the tax is likewise liable

for such penalty (Fla. Stat. §213.29)

Megan C :

If the manager of the business is not required to collect, account for, and pay taxes, then they would not be a responsible person. If the manager is the person who fills out the sales tax return, they could be considered a responsible person

Megan C :

Based on your question, definitely the owner is liable for the sales tax...the manager could be, depending on the role they play in the company.

Megan C :

Do you have any further questions?

Megan C :

Please reply if you need clarifications.

Customer:

If the manager paid all bills associated with running of the business, except sales tax, and had repeatedly informed the owner that sales taxes were due, would she be held responsible for the owner not paying the sales taxes?

Megan C :

Is the manager responsible for the preparation of the sales tax return?

Customer:

no

Megan C :

Then they would not be responsible for the collection and payment of sales tax.

Customer:

Thanks for your help. This is good information.

Megan C :

I'm glad I could help.

Megan C :

If you would, please rate my respoinse as "excellent"

Megan C :

so that I may receive credit for assisting you today

Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 12521
Experience: Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
Megan C and 5 other Tax Specialists are ready to help you

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