2015 South Dakota Codified Laws
Title 42 - RECREATION AND SPORTS
Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno
§ 42-7B-74 Personal liability of corporate officers, member-managers or managers of limited liability companies, or partners--Bond or certificate of deposit.
42-7B-74. Personal liability of corporate officers, member-managers or managers of limited liability companies, or partners--Bond or certificate of deposit.
If a corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership subject to tax under this chapter fails for any reason to file the required returns or to pay the tax due, any of the corporate officers, member-managers or managers of limited liability companies, or partners of partnerships that control, supervise, or are charged with the responsibility of filing the returns or remitting tax payments shall be personally liable for the failure. The dissolution of a corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership does not discharge an officer, member-manager, manager, or partner's liability for a prior failure of the corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership to file a return or remit the tax due. The sum due for such a liability may be assessed and collected as provided by law.
If the corporate officers, limited liability company member-managers or managers, or partners elect not to be personally liable for the failure to file the required returns or to pay the tax due, the corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership shall provide the commission with a surety bond or certificate of deposit as security for payment of any tax that may become due. The bond or certificate of deposit provided for in this section shall be in an amount equal to the estimated annual taxes due under this chapter.
Source: SL 2013, ch 220, ยง 3, eff. Mar. 6, 2013.
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