I was wondering if there was a personal obligation to pay personal property tax from a business (LLC) that has closed?
I was wondering if there was a personal obligation to pay personal property tax from a business (LLC) that has closed?
An LLC is treated as a corporation, that is, separate personage is afforded the
LLC via statute. However, the aforementioned not withstanding, single member LLCs
are afforded special treatment in federal and state law as "Entities not treated
as separate from owner", similar to a Sole Proprietorship.
State tend to adopt federal tax rules. If your state considers your LLC a "single
member LLC", you as the owner may be held liable for property taxes. your question is
a state specific question and depends on the facts and circumstances pertaining to your LLC.
The concept is liken to the employment tax regulations relating to trusts for FICA taxes. One or
more persons are considered "responsible parties" for collecting, managing and transmitting
FICA taxes as trustees, to the Social Security administration. Failure is tantamount to
embezzlement of government funds with personal liability attached. A single member LLC,
with employees, creates a rebuttable presumption the LLC manager is personally liable.
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