Limitation on courts; approval of final report of receiver, trustee,
or commissioner; failure to pay tax; preferred claim
Sec. 3. (a) No court may allow or approve any final report or
account of a receiver, trustee in dissolution, trustee in bankruptcy,
commissioner appointed for the sale of real estate, or any other
officer acting under the authority and supervision of a court, unless
the account or final report shows, and the court finds, that all utility
receipts tax due has been paid, and that all utility receipts tax that
may become due is secured by bond, deposit, or otherwise.
(b) A fiduciary described in subsection (a) shall provide proof to
a court that all utility receipts tax has been paid, and that any
required security has been provided. The fiduciary shall request the
department to issue a certificate of clearance certifying that all utility
receipts tax which is due and payable has been paid and that any
required security has been provided. The certificate shall be issued
by the department within thirty (30) days after request. When issued,
the certificate is conclusive proof that no utility receipts tax is due
and that any required security has been provided.
(c) If the department fails to issue a certificate of clearance under
subsection (b) within thirty (30) days after request, a fiduciary may
provide evidence to a court that demonstrates that no utility receipts
tax is due and that any required security has been provided. Upon
approval by the court, such evidence is conclusive proof of payment
of the tax imposed by this article.
(d) Any utility receipts tax liability owed by a fiduciary is a
preferred claim and has priority over all other claims except claims
for judicial costs and costs of administration.
As added by P.L.192-2002(ss), SEC.47.
Last modified: May 28, 2006