42.15.905    INDIVIDUAL LIABILITY

(1) If a corporate account administrator, limited liability company, or a limited partnership fails to withhold or fails to remit any penalties withheld to the department as required, the officers and owners are individually responsible for the penalties.

(2) A financial institution is not responsible for analyzing the eligibility of the expenses if the account holder attests that the withdrawal is made for eligible costs.

(3) Each self-administered account holder is individually responsible for remitting the penalties as stated in ARM 42.15.903.

(4) In the case of a bankruptcy by an account administrator, the liability for the penalties remain unaffected and the individual or owners remains liable for the amount of penalties withheld but unpaid.

History: Sec. 15-1-201, MCA; IMP, Sec. 15-63-203, MCA; NEW, 2004 MAR p. 1033, Eff. 4/23/04.