421.28 Exceptions to successor liability.
The immediate successor to a licensee’s or retailer’s business or stock of goods under chapter 423A or 423B, or section 423.33 or 452A.65, is not personally liable for the amount of delinquent tax, interest, or penalty due and unpaid if the immediate successor shows that the purchase of the business or stock of goods was made in good faith that no delinquent tax, interest, or penalty was due and unpaid. For purposes of this section the immediate successor shows good faith by evidence that the department had provided the immediate successor with a certified statement that no delinquent tax, interest, or penalty is unpaid, or that the immediate successor had taken in good faith a certified statement from the licensee, retailer, or seller that no delinquent tax, interest, or penalty is unpaid. When requested to do so by a person with whom the licensee or retailer is negotiating the sale of the business or stock of goods, the director of revenue shall, upon being satisfied that such a situation exists, inform that person as to the amount of unpaid delinquent tax, interest, or penalty due by the licensee or the retailer. The giving of the information under this circumstance is not a violation of section 422.20, 422.72, or 452A.63.
86 Acts, ch 1007, §21; 90 Acts, ch 1232, §7;
92 Acts, 2nd Ex, ch 1001, §236
; 2003 Acts, ch 145, §286;
2003 Acts, 1st Ex, ch 2, §182, 205
Referred to in §422.20, 422.72, 423.33, 452A.65
Structure Iowa Code
Chapter 421 - DEPARTMENT OF REVENUE
Section 421.1 - State board of tax review.
Section 421.1A - Property assessment appeal board.
Section 421.2 - Department of revenue.
Section 421.3 - Director to have no conflicting interests.
Section 421.5 - Settling doubtful claims for taxes.
Section 421.6 - Definition of return.
Section 421.7 - Interest rate.
Section 421.8 - Penalty for defective return under certain circumstances.
Section 421.9 - Duties and powers — office.
Section 421.10 - Appeal period — applicability.
Section 421.14 - Rules — director’s duties.
Section 421.17 - Powers and duties of director.
Section 421.17A - Administrative levy against accounts.
Section 421.17B - Administrative wage assignment cooperative agreement.
Section 421.18 - Duties of public officers and employees.
Section 421.19 - Counsel — disclosures authorized.
Section 421.21 - Administration of oaths.
Section 421.22 - Service of orders.
Section 421.23 - Fees and mileage.
Section 421.24 - Reciprocal interstate tax enforcement.
Section 421.25 - Professional appraisers employed.
Section 421.26 - Personal liability for tax due.
Section 421.28 - Exceptions to successor liability.
Section 421.29 - Registrations.
Section 421.30 - Reassessment expense fund.
Section 421.46 - Terminal liability health insurance fund.
Section 421.47 - Tax agreements with Indian tribes.
Section 421.48 - Background checks.
Section 421.59 - Power of attorney — authority to act on behalf of taxpayer.
Section 421.60 - Tax procedures and practices.
Section 421.61 - Unconstitutionally withheld tax benefits.
Section 421.62 - Inclusion of preparer tax identification number.
Section 421.63 - Authority to enjoin certain tax return preparers.
Section 421.64 - Tax return preparer — continuing education.
Section 421.70 - Electronic commerce data collection.
Section 421.71 - Class actions — implied right of action — private cause of action immunity.