LD 1209
pg. 2
Page 1 of 3 An Act To Conform the State Compromise of Tax Liability Procedure with Federal ... Page 3 of 3
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LR 1335
Item 1

 
B.__The guidelines must require officers and employees of
the bureau to determine, on the basis of the facts and
circumstances of each taxpayer, whether the use of the
schedules under paragraph A is appropriate.__If it is
determined that the schedule amount would result in the
taxpayer not having adequate means to provide for basic
living expenses, the officer or employee shall disregard
the schedule.

 
C.__The guidelines under this subsection must also specify
that:

 
(1)__ An officer or employee of the bureau may not
reject an offer in compromise from a low-income
taxpayer solely on the basis of the amount of the
offer; and

 
(2)__In the case of an offer in compromise that
relates only to issues of liability of the taxpayer:

 
(a)__The offer may not be rejected solely
because the assessor is unable to locate the
taxpayer's return or return information for
verification of liability; and

 
(b)__The taxpayer may not be required to provide
a financial statement.

 
4.__Administrative review.__The assessor shall establish
procedures that:

 
A.__Provide for an independent administrative review of
any rejection of an offer in compromise or installment
agreement proposal made by a taxpayer under this section
before that rejection is communicated to the taxpayer; and

 
B.__Allow a taxpayer to appeal any rejection of an offer
or agreement pursuant to paragraph A to the Superior Court
in the county in which the person owing the tax resides or
is located.

 
5.__Attorney General compromise.__After reference of a
criminal or civil action arising under this Title to the
Attorney General for prosecution or defense, the Attorney
General may compromise the tax liability associated with that
civil or criminal case.

 
6.__Rulemaking.__The assessor shall adopt rules regarding
the procedures to be followed for the submission and


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