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268.064 Liability for debts upon acquisition.

Subdivision 1. Acquisition of organization, trade, business, or assets. Any person who acquires all or part of the organization, trade, business or assets from an employer, is jointly and severally liable, in an amount not to exceed the reasonable value of that part of the organization, trade, business or assets acquired, for the taxes due and unpaid by the employer. The amount of liability shall, in addition, be a lien against the property or assets acquired and shall be prior to all other unrecorded liens. This section does not apply to sales in the normal course of the employer's business.

Subd. 2. Reasonable value. The commissioner, upon the commissioner's own motion or upon application of the acquiring person, shall determine the reasonable value of the organization, trade, business or assets acquired based on available information. The determination shall be final unless the acquiring person, within 30 calendar days after being sent the determination by mail or electronic transmission, files an appeal. Proceedings on the appeal shall be conducted in accordance with section 268.105.

Subd. 3. Statement of amount due. Prior to the date of acquisition, the commissioner shall furnish the acquiring person with a statement of the taxes due and unpaid upon the written request of the potential acquiring person and the written release of the obligor. No release is required after the date of acquisition.

Subd. 4. Repealed by amendment, 1999 c 107 s 35

HIST: 1987 c 385 s 35; 1989 c 65 s 13; 1995 c 54 s 18; 1997 c 66 s 79,80; 1998 c 265 s 20,44; 1999 c 107 s 35

Official Publication of the State of Minnesota
Revisor of Statutes