Section 38574 Of Article 8. Miscellaneous Provisions From California Revenue And Taxation Code >> Division 2. >> Part 18.5. >> Chapter 6. >> Article 8.
38574
. (a) Upon termination, dissolution, or abandonment of a
corporate business, any officer or other person having control or
supervision of, or who is charged with the responsibility for the
filing of returns or the payment of tax, or who is under a duty to
act for the corporation in complying with any requirement of this
part, shall be personally liable for any unpaid taxes and interest
and penalties on those taxes, if that officer or other person
willfully fails to pay or to cause to be paid any taxes due from the
corporation pursuant to this part.
(b) The officer or other person shall be liable only for taxes
which became due during the period he or she had the control,
supervision, responsibility, or duty to act for the corporation
described in subdivision (a), plus interest and penalties on those
taxes.
(c) For purposes of this section, "willfully fails to pay or cause
to be paid" means that the failure was the result of an intentional,
conscious, and voluntary course of action.
(d) The sum due for the liability under this section may be
collected by determination and collection in the manner provided in
Chapter 5 (commencing with Section 38401) and Chapter 6 (commencing
with Section 38501).