Connecticut General Statutes

Conn. Gen. Stat. § 12-414a (2026)

Liability for wilful nonpayment of taxes collected

✓ current as of May 2026
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Each person, other than a retailer, who is required, on behalf of a retailer, to collect, truthfully account for and pay over the tax imposed on such retailer under this chapter and who wilfully fails to collect such tax or truthfully account for and pay over such tax or who wilfully attempts in any manner to evade or defeat the tax or the payment thereof, shall, in addition to other penalties provided by law, be liable for a penalty equal to the total amount of the tax evaded, or not collected, or not accounted for and paid over, including any penalty or interest attributable to such wilful failure to collect or truthfully account for and pay over such tax or such wilful attempt to evade or defeat such tax, provided such penalty shall only be imposed against such person in the event that such tax, penalty or interest cannot otherwise be collected from the retailer itself in accordance with section 12-420. The amount of such penalty with respect to which a person may be personally liable under this section shall be collected in accordance with said section 12-420 and any amount so collected shall be allowed as a credit against the amount of such tax, penalty or interest due and owing from the retailer. The dissolution of the retailer shall not discharge any person in relation to any personal liability under this section for wilful failure to collect or truthfully account for and pay over such tax or for a wilful attempt to evade or defeat such tax prior to dissolution, except as otherwise provided in this section. For purposes of this section, “person” includes any individual, corporation, limited liability company or partnership and any officer or employee of any corporation, including a dissolved corporation, and a member or employee of any partnership or limited liability company who, as such officer, employee or member, is under a duty to file a tax return under this chapter on behalf of a retailer or to collect or truthfully account for and pay over the tax imposed under this chapter on behalf of a retailer.

(P.A. 82-272, S. 1, 3; P.A. 97-243, S. 27, 67.)

History: P.A. 97-243 extended liability of officer of a corporate retailer for wilful failure to pay over taxes to any other responsible person and made applicable whether retailer a corporation or other form of business entity, effective June 24, 1997, and applicable to taxable periods commencing on or after July 1, 1997.

Notes of Decisions
Cited in 4 cases, 1986–2008 · leading case: DaimlerChrysler Corp. v. Law, 937 A.2d 675 (Conn. 2007).
DaimlerChrysler Corp. v. Law, 937 A.2d 675 (Conn. 2007). · cites it 2× “It is readily apparent, and the plaintiff does not claim otherwise, that it does not fall within either those persons afforded relief under § 12-418; see General Statutes § 12-418 (1) (A) (“[a]ny person against whom an assessment is made under section 12-414a, 12-415, 12-416 or…”
Arizona Dep't of Revenue v. Action Marine, Inc., 181 P.3d 188 (Ariz. 2008). · cites it 2× “5 (2007); Conn. Gen.Stat. § 12-414a (2000); Del.Code Ann.”
Hoffman v. Peoples Bank (In re Cuni), 68 B.R. 664 (Bankr. D. Conn. 1986). · cites it 7× “Conn.Gen.Stat. § 12-414a provides: Personal liability of corporate officers for willful nonpayment of taxes collected If any corporation, required in accordance with section 12-414 to file any return for purposes of the sales and use tax, fails to file such return or pay to the…”
Arizona Dep't of Revenue v. Action Marine, Inc., 161 P.3d 1248 (Ariz. Ct. App. 2007). “§ 12-414a (extending personal liability for willful nonpayment of tax to any officer or employee of a corporation under a duty to file a tax return on behalf of a retailer or to collect or truthfully account for and pay the tax); Ga.Code Ann. § 48-2-52(a) (personal liability…”
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