Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 272
Penalty for failure to pay tax; liability for tax of agent or broker
Tax (TAX) CHAPTER 60, ARTICLE 12
§ 272. Penalty for failure to pay tax; liability for tax of agent or
broker. 1. Except as provided in subdivision three of this section, any
person or persons liable to pay the tax by this article imposed, and any
one who acts in the matter as agent or broker for such person or
persons, who shall make any sale, transfer or delivery of shares or
certificates taxable under this article without paying the tax by this
article imposed, and any person who shall in pursuance of any sale,
transfer or agreement, deliver any certificate or evidence of the sale
or transfer of or agreement to sell any such certificate, or bill or
memorandum thereof, or who shall transfer or cause the same to be
transferred upon the books or records of the association, company,
corporation, or business conducted by a trustee or trustees, and any
association, company, corporation or business conducted by a trustee or
trustees, whose stock or other certificates taxable hereunder is sold or
transferred, which shall transfer or cause the same to be transferred
upon its books, without having affixed thereto the stamps provided for
in this article, and where required by the provisions of this article, a
declaration as prescribed by paragraph (c) of subdivision one of section
two hundred seventy-a of this article shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall pay a fine of not less
than five hundred nor more than one thousand dollars, or be imprisoned
for not more than six months or by both such fine and imprisonment, in
the discretion of the court.

2. Any person who acts as agent or broker for a person liable to pay
the tax by this article imposed, who shall be subject to or liable for
the penalty provided for by subdivision one of this section shall,
regardless of whether he has been prosecuted for or acquitted of such
criminal liability, in addition to such criminal liability, be liable
for the payment of the tax, and such liability may be enforced in the
same manner as any liability for tax imposed by this article, and its
determination and collection shall be effected pursuant to and subject
to the provisions of sections two hundred seventy-nine-a, two hundred
seventy-nine-b and two hundred eighty-one of this chapter. The burden,
in any hearing held pursuant to such section two hundred seventy-nine-a,
of proving the facts to show the absence of liability for the tax
imposed by this subdivision upon such agent or broker, shall be upon
such agent or broker.

3. The penalties provided by subdivision one of this section shall not
apply to any agent or broker or to any other person who shall perform
any of the acts set forth in such subdivision, in good faith, in
reliance upon a declaration furnished pursuant to paragraph (c) of
subdivision one of section two hundred seventy-a of this chapter, as to
which declaration such broker, agent or other person, before such act
had received no notice of cancellation of such declaration pursuant to
the provisions of clause (iii) of subparagraph (2) of such paragraph and
has no knowledge or reasonable grounds to believe that the status of
such nonresident as a nonresident has changed.