Personal liability of holder of taxes in trust; failure to collect or
remit; offense
Sec. 3. An individual who:
(1) is an individual retail merchant or is an employee, officer,
or member of a corporate or partnership retail merchant; and
(2) has a duty to remit state gross retail or use taxes (as
described in IC 6-2.5-3-2) to the department;
holds those taxes in trust for the state and is personally liable for the
payment of those taxes, plus any penalties and interest attributable
to those taxes, to the state. If the individual knowingly fails to collect
or remit those taxes to the state, he commits a Class D felony.
As added by Acts 1980, P.L.52, SEC.1. Amended by P.L.26-1985,
SEC.7; P.L.6-1987, SEC.6; P.L.18-1994, SEC.7.
Last modified: May 28, 2006