| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 36 MRSA §143, as amended by PL 1999, c. 708, §7, is | | repealed and the following enacted in its place: |
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| | | §143. Compromise of tax liability and action |
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| | | 1.__Authorization.__The assessor may compromise a tax | | liability of any civil or criminal case arising under this | | Title prior to reference to the Attorney General's office for | | prosecution or defense, as specified in this section. |
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| | | 2.__Statement.__If a compromise is made by the assessor | | pursuant to this section, there must be available in the | | bureau a statement containing: |
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| | | A.__The opinion of the general counsel for the bureau or | | the general counsel's designee explaining the reason for | | the compromise; |
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| | | B. The amount of tax assessed; |
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| | | C.__The amount of interest, any additional amount, | | addition to the tax or any assessable penalty imposed by | | law on the person against whom the tax is assessed; and |
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| | | D.__The amount actually paid in accordance with the terms | | of the compromise. |
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| | | The opinion of the general counsel of the bureau explaining | | the reason for the compromise under paragraph A is not | | required for the compromise of any civil case in which the | | unpaid amount of tax assessed, including any interest, any | | additional amount, addition to the tax or any assessable | | penalty, is less than $50,000.__However, such compromises are | | subject to continuing quality review by the assessor. |
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| | | 3.__Standards for evaluation of offers.__The assessor shall | | prescribe guidelines, procedures and forms for officers and | | employees of the bureau to determine whether an offer in | | compromise is adequate and should be accepted to resolve a | | dispute. |
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| | | A.__The guidelines must establish minimum residual amounts | | that ensure that a taxpayer entering into a compromise has | | an adequate means to provide for basic living expenses.__ | | In establishing guidelines under this paragraph, the | | assessor shall develop and publish schedules of local | | allowances for basic living expenses.__The assessor may | | use schedules similar to those published by the Internal | | Revenue Service. |
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