If any employer which is liable for tax obligations imposed by this chapter undergoes a fundamental change, then the employer and its manager shall be liable for taxes due up to the date of the fundamental change. Taxes and final tax returns shall be due immediately after the fundamental change. Any successor employer shall withhold from any purchase price that the successor owes to the predecessor an amount sufficient to pay all unpaid taxes, interest and penalty which the predecessor employer owes pursuant to this chapter. The successor employer shall make such withholding until such time as the predecessor employer has paid such taxes, interest and penalties. If the successor fails to withhold such amount, then the successor employer and the successor's manager shall be jointly and severally liable for the payment of such taxes, interest and penalty.
For the purposes of this section, “manager” means any of the employer’s officers, partners, employees or persons having control or supervision of the employer’s business, and/or employees or persons charged with the responsibility of filing the return, paying taxes, and otherwise complying with this chapter.
(Ord. 18-2008. Passed 2-19-08.)