Senate Bill 2751

(As Passed the Senate)

AN ACT TO AMEND SECTION 27-65-55, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT OFFICERS AND AGENTS OF CORPORATIONS AND LIMITED LIABILITY COMPANIES THAT HAVE CONTROL OVER THE PAYMENT OF TAXES AND WHO EXERCISE RESPONSIBILITY FOR FISCAL MANAGEMENT, SHALL BE JOINTLY AND SEVERALLY LIABLE FOR SALES TAXES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 27-65-55, Mississippi Code of 1972, is amended as follows:

27-65-55. (1) The tax imposed by this chapter shall be a lien upon the property of any person subject to the provisions thereof who shall sell out his business or stock of goods, or shall quit business, and such person shall be required to make out the return provided for under Section 27-65-33 within ten (10) days after the date he sold out his business or stock of goods, or quit business, and pay the tax imposed by this chapter. The purchaser or transferee in business shall be required to withhold sufficient of the purchase money to cover the amount of any taxes, damages and interest due until such time as the former owner shall produce a receipt from the commissioner showing that such liability has been paid, or a certificate that no taxes are due. In the event the former owner shall fail to pay any taxes, damages and interest due the state within the time allowed, the successor in business shall pay such taxes, damages and interest to the commissioner upon demand. If the purchaser or transferee of a business or stock of goods shall fail to withhold purchase money as provided and the taxes, damages and interest shall be due and unpaid after the period of ten (10) days allowed, he shall be personally liable for the payment of taxes, damages and interest of the former owner, and the property sold or transferred may be proceeded against by the commissioner in the hands of the purchaser or transferee as though no sale or transfer had been made.

(2) Any person who exercises responsibility for fiscal management and owns * * * ten percent (10%) or more of the * * * stock of a corporation or ten percent (10%) or more interest in a limited liability company, * * * or any person who is an officer or agent of a corporation or limited liability company and has control over the collection or payment of sales taxes by the corporation or limited liability company, shall be jointly and severally liable for sales taxes levied by this chapter upon such corporations or limited liability companies when such taxes become due and unpaid to the extent that such taxes accrued while such person was exercising responsibility for fiscal management or control over the collection and payment of sales taxes by the corporation or limited liability company. The commissioner shall make assessments against said persons of such taxes, damages and interest, and effect collection by the same procedures herein provided for assessment and collection of all taxes levied by this chapter.

(3) Any person, acting as agent for a dealer who has no permanent place of business in this state, who sells tangible personal property in this state, either at auction or as a transient vendor, shall be liable for collection of sales tax, where applicable, and payment of the same of this state unless the vendor principal is authorized to collect the tax and is registered under Section 27-65-27. Such persons shall maintain for a period of three (3) years adequate records which shall be available for inspection by the commissioner or his agent and which shall reveal the true sales tax liability of all parties to each transaction. Failure to maintain and permit examination of such records shall render the agent liable for sales tax accruing from all sales as determined by the commissioner from any information available. The commissioner shall effect collection by the same procedures herein provided for assessment and collection of all taxes levied by this chapter.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.