28-5635. Discontinuance, sale or transfer of
business; violation; classification


A. When a supplier ceases to engage in business as a supplier in this state and
discontinues, sells or transfers the business:


1. The supplier shall notify the director in writing at least ten days before the
discontinuance, sale or transfer takes effect. The notice shall give:


(a) The date of discontinuance, sale or transfer of the business.


(b) The name and address of the purchaser or transferee of the business.


2. All taxes, penalties and interest not then due and payable under this article or
section 28-8344 are due and payable concurrently with the discontinuance, sale or
transfer. Concurrent with the discontinuance, sale or transfer, the supplier shall:


(a) Make a report.


(b) Pay all taxes, interest and penalties.


(c) Surrender to the director the license issued to the supplier by the director.


B. Unless the notice is given to the director, the purchaser or transferee is
liable to this state for the amount of all taxes, penalties and interest accrued under
this article or section 28-8344 against the supplier who is selling or transferring the
supplier's business on the date of the sale or transfer but only to the extent of the
value of the property and business that is acquired from the supplier.


C. A person who violates this section is guilty of a class 1 misdemeanor.