Legislation
SECTION 171-Z
Information sharing with the comptroller regarding unclaimed funds
Tax (TAX) CHAPTER 60, ARTICLE 8
§ 171-z. Information sharing with the comptroller regarding unclaimed
funds. 1. Notwithstanding any other law, the commissioner is authorized
to release to the comptroller information regarding fixed and final
unwarranted debts of taxpayers for purposes of collecting unclaimed
funds from the comptroller to satisfy fixed and final unwarranted debts
owed by taxpayers. For purposes of this section, the term "unwarranted
debt" shall mean past-due tax liabilities, including unpaid tax,
interest and penalty, that the commissioner is required by law to
collect and that have become fixed and final such that the taxpayer no
longer has any right to administrative or judicial review and a warrant
has not been filed; and the term "taxpayer" shall mean any individual,
corporation, partnership, limited liability partnership or company,
partner, member, manager, sole proprietorship, estate, trust, fiduciary
or entity, who or which has been identified as owing taxes to the state.
This section shall not be deemed to abrogate or limit in any way the
powers and authority of the comptroller to set off debts owed the state
from unclaimed funds, under the constitution of the state or any other
law.
2. The comptroller shall keep all information he or she obtains from
the commissioner confidential, and any employee, agent or representative
of the comptroller is prohibited from disclosing any taxpayer
information received under this section to anyone other than the
commissioner or staff of the department or staff of the department of
audit and control for the purposes described in this section.
funds. 1. Notwithstanding any other law, the commissioner is authorized
to release to the comptroller information regarding fixed and final
unwarranted debts of taxpayers for purposes of collecting unclaimed
funds from the comptroller to satisfy fixed and final unwarranted debts
owed by taxpayers. For purposes of this section, the term "unwarranted
debt" shall mean past-due tax liabilities, including unpaid tax,
interest and penalty, that the commissioner is required by law to
collect and that have become fixed and final such that the taxpayer no
longer has any right to administrative or judicial review and a warrant
has not been filed; and the term "taxpayer" shall mean any individual,
corporation, partnership, limited liability partnership or company,
partner, member, manager, sole proprietorship, estate, trust, fiduciary
or entity, who or which has been identified as owing taxes to the state.
This section shall not be deemed to abrogate or limit in any way the
powers and authority of the comptroller to set off debts owed the state
from unclaimed funds, under the constitution of the state or any other
law.
2. The comptroller shall keep all information he or she obtains from
the commissioner confidential, and any employee, agent or representative
of the comptroller is prohibited from disclosing any taxpayer
information received under this section to anyone other than the
commissioner or staff of the department or staff of the department of
audit and control for the purposes described in this section.