O.C.G.A.

O.C.G.A. § 34-8-174 (2019)

Payment of contributions in event of legal dissolution or distribution

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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In the event of any distribution of an employer’s assets pursuant to an order of any court under the laws of this state, in proceedings relating to the administration of the estate of a decedent, receivership, assignment for benefit of creditors, adjudicated insolvency, composition, dissolution, reorganization, or similar proceedings, contributions then or thereafter due, together with interest, penalties, and cost thereon, shall be paid in full in accordance with laws of this state governing the order of payment of tax liens and tax priorities. In the event of any employer’s adjudication in bankruptcy or judicially confirmed extension proposal, contributions then or thereafter due, together with interest, penalties, and costs thereon, shall be required to be paid in accordance with the laws governing the lien and priority of taxes due this state.

History

(Code 1981, § 34-8-174, enacted by Ga. L. 1991, p. 139, § 1.)

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under Ga. L. 1937, p. 806 are included in the annotations for this Code section.

Cited in In re Empire Granite Co., 42 F. Supp. 450 (M.D. Ga. 1942).

RESEARCH REFERENCES Am. Jur. 2d. - 76 Am. Jur. 2d, Unemployment Compensation, §§ 16 et seq., 43. C.J.S. - 81 C.J.S., Social Security and Public Welfare, § 380 et seq. ALR. - Rank or priority of lien or claim for unpaid employer’s contribution under

Social Security or Unemployment Compensation Act, 140 ALR 1042. Social security and unemployment taxes as payable in respect of claims for wages earned before bankruptcy of employer, 174 ALR 1295.