1. Generally. All sales and use taxes collected by a person pursuant to Part 3, all taxes collected by a person under color of Part 3 that have not been properly returned or credited to the persons from whom they were collected, all taxes collected by or imposed on a person pursuant to chapter 451 or 459, all fees collected pursuant to chapter 719 and all taxes collected by a person pursuant to chapter 827 constitute a special fund in trust for the State Tax Assessor. The liability for the taxes or fees and the interest or penalty on taxes or fees is enforceable by assessment and collection, in the manner prescribed in this Part, against the person and against any officer, director, member, agent or employee of that person who, in that capacity, is responsible for the control or management of the funds or finances of that person or is responsible for the payment of that person's taxes. An assessment against a responsible individual pursuant to this section must be made within 6 years from the date on which the return on which the taxes were required to be reported was filed the time period prescribed in section 176-B. An assessment pursuant to this section may be made at any time with respect to a time period for which a return has become due but has not been filed.

SUMMARY

This bill repeals the current process for the collection of tax arrearages and instead enacts a process similar to the process for the collection of federal taxes, including establishing a 10-year period of limitations for the assessment or collection of taxes. The period of limitations is stayed by certain events, such as bankruptcy and the taxpayer being outside of the United States.