Ohio Code § 5735.34

§ 5735.34.

(A) If any motor fuel dealer sells that motor fuel dealer's entire business or discontinues

operating that business, the taxes and any interest and penalties imposed under this

chapter that arose prior to the date of sale or discontinuation become due and payable

immediately.  Within fifteen days after the date of the sale or discontinuation of the business,

the motor fuel dealer shall make a final return and provide written notification to

the tax commissioner of the sale or discontinuation and the name and contact information

of the purchaser, if applicable.  The purchaser of the business shall withhold a sufficient amount of the purchase

money to cover the amount of such taxes, interest, and penalties due and unpaid until

the seller produces a receipt from the tax commissioner showing that the taxes, interest,

and penalties have been paid, or until the seller produces a certificate indicating

that no taxes, interest, and penalties are due. (B) If the purchaser of the business fails to withhold the purchase money required to

be withheld under this section, the purchaser of the business is personally liable

for the payment of the taxes, interest, and penalties accrued and unpaid during the

operation of the business by the seller, but only to the extent of the consideration

offered for the entire business. (C) For purposes of this section, “ entire business ” means substantially all of the seller's assets determined without regard to any

then existing mortgages, liens, security interests or other encumbrances attaching

to those assets.  A person is considered to have sold the entire business only if the person ceases

to qualify as a motor fuel dealer and has relinquished or the tax commissioner has

canceled the person's motor fuel dealer's license.