New York SBDC Research Network

"Unless all the requirements are met, a purchaser of business assets in a bulk sale transaction may be held personally liable for any unpaid sales taxes due from the seller." Bulk sale transaction is defined as "a sale, transfer, or assignment in bulk of any ,part or the whole of business assets, other than in the ordinary course of business by a person required to collect tax. Transfer by way of a gift does not preclude such transfer from being a bulk sale... "A sales tax will be imposed upon the transfer of any tangible personal property from the seller to the purchaser which is included in the property sold in bulk, except for property intended for resale or property exempt from tax. The tax is not imposed on real property or on intangible personal property such as cash, goodwill, or accounts receivable." Read more here .

Buying a business is often perceived as a less risky option than starting your own business from scratch, however without proper research, due diligence, and consideration for the key legal steps and potential liabilities involved – it can be a risky path to venture down. MORE ...