In previous posts on Wisconsin Sales Taxes, I have written about how a person responsible for making sure that Wisconsin Sales Taxes are paid can become personally liable for the taxes.
Wisconsin Statute Section 77.60(9) imposes personal liability through the following language:
“any person who is required to collect, account for or pay the amount of sales tax imposed and who willfully fails to collect, account for or pay to the Department, shall be personally liable for such amounts, including interest and penalties thereon, if that person’s principal is unable to pay such amounts to the Department.”
If the Wisconsin Department of Revenue is asserting that a person should be personally liable for the sales tax, that person can look to this rule to determine how to challenge the potential liability. For purposes of challenging the assertion of personal liability for Wisconsin sales tax, this rule can be broken down into many parts.
1. Who is a person?
2. Is that person required to collect, account for or pay the amount of sales tax to the State?
3. If that person failed to collect, account for or pay the amount of sales tax to the State, did they do so willfully?
4. Is that person’s principal unable to pay the amount to the Department of Revenue?
Any one of these items can form the basis for challenging a personal liability assessment or at least provide an opportunity for a resolution short of the person dipping into their own pocketbook.
Wisconsin Statute Section 77.60(9) imposes personal liability through the following language:
“any person who is required to collect, account for or pay the amount of sales tax imposed and who willfully fails to collect, account for or pay to the Department, shall be personally liable for such amounts, including interest and penalties thereon, if that person’s principal is unable to pay such amounts to the Department.”
If the Wisconsin Department of Revenue is asserting that a person should be personally liable for the sales tax, that person can look to this rule to determine how to challenge the potential liability. For purposes of challenging the assertion of personal liability for Wisconsin sales tax, this rule can be broken down into many parts.
1. Who is a person?
2. Is that person required to collect, account for or pay the amount of sales tax to the State?
3. If that person failed to collect, account for or pay the amount of sales tax to the State, did they do so willfully?
4. Is that person’s principal unable to pay the amount to the Department of Revenue?
Any one of these items can form the basis for challenging a personal liability assessment or at least provide an opportunity for a resolution short of the person dipping into their own pocketbook.
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