If any person required to collect and pay over any tax fails, neglects or refuses to collect such tax or to account for and pay over such tax, he shall either pay the amount of tax himself or he shall pay a penalty equal to the total amount of the tax not collected or not accounted for and paid over, in either case in addition to other penalties provided by law.
History: 1953 Comp., § 72-13-84, enacted by Laws 1965, ch. 248, § 72.
ANNOTATIONSCross references. — For defaulting officers and prosecution for shortages, see 10-17-9 and 10-17-10 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Retailer's failure to pay to government sales or use tax funds as constituting larceny or embezzlement, 8 A.L.R.4th 1068.
Retailer's or buyer's defenses against exaction of penalties for failure to file, or deficiency in, state or local sales tax return, 20 A.L.R.4th 952.
Sufficient nexus for state to require foreign entity to collect state's compensating, sales, or use tax - post-Complete Auto Transit cases, 71 A.L.R.5th 671.