41A.01.150 Governor and Manager Liability

(a) If a limited liability company holding a license issued under this chapter fails for any reason to file the required returns or to pay the taxes due under this chapter, the governors or managers, jointly or severally, charged with the responsibility of supervising the preparation of such returns and payments are personally liable for such failure. The dissolution of a limited liability company does not discharge a governor's or manager's liability for a prior failure of the limited liability company to file a return or remit the tax due. The taxes, penalty, and interest may be assessed and collected pursuant to the provisions of this chapter.

(b) If the governors or managers elect not to be personally liable for the failure to file the required returns or pay the tax due, the limited liability company must be required to make a cash deposit. The cash deposit provided for in this section must be in an amount equal to the estimated annual special fuel tax liability of the limited liability company.