factual

Who pays the sales and transfer taxes associated with the sale of Cinnaholic's Assets?

Cinnaholic Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee shall promptly pay when due all taxes levied or assessed by reason of its operation and performance under this Agreement including, but not limited to, if applicable, state employment tax, state sales tax (including any sales or use tax on equipment purchased or leased) and all other taxes and expenses of operating the Bakery. In no event shall Franchisee permit a tax sale or seizure by levy or execution or similar writ or warrant to occur against the Bakery, the Franchised Site or any tangible personal property used in connection with the operation of the Bakery.

Source: Item 22 — CONTRACTS (FDD pages 61–62)

What This Means (2025 FDD)

According to Cinnaholic's 2025 Franchise Disclosure Document, the franchisee is responsible for paying taxes related to their operations. Specifically, the franchisee must promptly pay all taxes levied or assessed due to their operation and performance under the Franchise Agreement. This includes, if applicable, state employment tax and state sales tax, including any sales or use tax on equipment purchased or leased. The franchisee is also responsible for all other taxes and expenses of operating the Cinnaholic bakery.

Cinnaholic franchisees must ensure that they do not allow a tax sale or seizure by levy, execution, or similar writ or warrant to occur against the bakery, the franchised site, or any tangible personal property used in connection with operating the bakery. This highlights the importance of franchisees maintaining good financial standing and adhering to all tax obligations to avoid potential legal and financial repercussions.

This clause in the franchise agreement emphasizes the franchisee's responsibility for managing and paying all applicable taxes related to their Cinnaholic bakery. It is a standard practice in franchising for franchisees to bear the responsibility for their own tax obligations, as they are operating as independent business owners. Franchisees should consult with a tax professional to ensure they understand and comply with all relevant tax laws and regulations.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.