PURPOSE: This rule prescribes the preferential treatment required for outstanding taxes and the liability of trustees, assignees, receivers, and the title and interprets and applies section 144.610, RSMo in conjunction with Chapter 11 U.S.C.A., Bankruptcy Codes.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) All outstanding use tax, interest and penalties due the state from a bankrupt debtor making an assignment for creditors are to be given preference and the liabilities satisfied to the state before all general creditors.
2. (2) The trustee in bankruptcy or the assignee, in the case where an assignment has been made for and in behalf of creditors, should immediately remit any outstanding taxes, interest charges or penalties to the director before a general distribution of funds is made and will be held liable for the taxes if they are not paid prior to the distribution. When the courts appoint any person, whether trustee, assignee, receiver, to take over any business and operate or liquidate it, those persons are required to collect and remit the use tax and will be held personally liable. Every person should immediately notify the director when appointed by the court to take over said business or to liquidate the business.

AUTHORITY: section 144.705, RSMo 1994.* U.T. regulation 660-3 originally filed Oct. 28, 1975, effective Nov. 7, 1975. Refiled March 30, 1976.

*Original authority: 144.705, RSMo 1959.