698 ARTICLE 56.
a return as provided in Section 72C, the said seller and former proprietor
shall also furnish the purchaser and successor in the business with a
duplicate report of sales as required under said Section 72C, for three
months next preceding the month in which the transfer of the business
is made, together with receipts or other evidence of taxes paid during the
same period. The seller of such business 'shall be liable for the payment
of taxes due or accrued prior to the time of the transfer until he shall
file with the Comptroller a written agreement that the new proprietor or
purchaser has assumed the responsibility of the payment of all taxes due
or accrued against the business prior to time of purchase. The successor
to such business, unless he shall sign an agreement to pay accrued taxes
as indicated above is authorized and empowered to withhold from the
purchase price of the goods, properties and other items acquired, a sum
sufficient to cover all taxes due and payable under the operation of the
business prior to the time of purchase, and delay final settlement until
such time as the former owner shall produce a receipt from the Comp-
troller showing that all taxes have been paid or a certificate to the effect
that no taxes are due and payable. In the event the purchaser or new
proprietor of such business fails to exercise his right to withhold the sums
necessary to pay the taxes due and payable at the time of transfer and
the former owner fails to pay the taxes as required by law, the new owner
shall be personally liable for the payment of taxes due or accrued as a
consequence of the operations carried on by the former owner.
1935, ch. 188, sec. 72-I.
72-I. (a) Any taxpayer may apply to the Comptroller for a revision
of the tax assessed against him at any time within sixty days from the
date on which the assessment is made. Upon the receipt of such applica-
tion the Comptroller shall grant a hearing thereon after reasonable notice
to the taxpayer and if, upon such hearing the Comptroller shall deter-
mine that the tax is excessive or incorrect he shall adjust the computation
of the tax accordingly to the law and facts. The Comptroller shall notify
the taxpayer of his determination and shall refund to the taxpayer the
amount, if any, paid in excess of the tax found by him to be due, and if
it is found that any additional taxes are due by the taxpayer, such ad-
ditional taxes, with interest thereon at the rate of % of one per cent, per
month shall be paid within ten days thereafter. If not so paid a penalty
of 5% shall be added.
(b) The final determination of the Comptroller upon application made
by a taxpayer for revision of any tax shall be subject to appeal to the
Circuit Court of the County in which the taxpayer conducts his business
or to the Baltimore City Court, if the taxpayer conducts his business in
Baltimore City, within sixty days after notice by the Comptroller of his
determination. Thereupon appropriate proceedings shall be had and the
parties shall be bound by the final determination of the Court hearing
the appeal.
free notes to sec. 72B.
|
![clear space](../../../images/clear.gif) |