Legislation
SECTION 3010
Agreements for payments of tax liability in installments
Tax (TAX) CHAPTER 60, ARTICLE 41, PART 1
§ 3010. Agreements for payments of tax liability in installments. (a)
Authorization of agreements. The commissioner is authorized to enter
into written agreements with any taxpayer under which such taxpayer is
allowed to satisfy liability for payment of any tax (including any
interest, penalty or addition to tax) in installment payments if the
commissioner determines that such agreement will facilitate collection
of such liability.
(b) Extent to which agreements remain in effect. (1) Except as
otherwise provided in this subdivision, any agreement entered into by
the commissioner under subdivision (a) of this section shall remain in
effect for the term of the agreement.
(2) The commissioner may terminate any agreement entered into by the
commissioner under subdivision (a) of this section if:
(A) information which the taxpayer provided to the commissioner prior
to the date such agreement was entered into was inaccurate or
incomplete, or
(B) the commissioner believes that collection of any liability to
which an agreement under this section relates is in jeopardy.
(3) If the commissioner finds that the financial condition of a
taxpayer with whom the commissioner has entered into an agreement under
subdivision (a) of this section has significantly changed, the
commissioner may alter, modify, or terminate such agreement.
(4) The commissioner may alter, modify, or terminate an agreement
entered into by the commissioner under subdivision (a) of this section
in the case of the failure of the taxpayer:
(A) to pay any installment at the time such installment is due under
such agreement,
(B) to pay any other tax liability at the time such liability is due,
or
(C) to provide a financial condition update as requested by the
commissioner.
(5) The commissioner may not take any action under paragraph two,
three or four of this subdivision unless:
(A) a notice of such action is provided to the taxpayer not later than
thirty days prior to such action, and
(B) such notice includes an explanation why the commissioner intends
to take such action.
The preceding sentence shall not apply in any case in which the
commissioner believes that collection of any tax to which an agreement
under this section relates is in jeopardy.
(c) Nothing in this section should be construed to prevent a taxpayer
from prepaying in whole or in part any outstanding liability under any
agreement the taxpayer enters into with the commissioner.
Authorization of agreements. The commissioner is authorized to enter
into written agreements with any taxpayer under which such taxpayer is
allowed to satisfy liability for payment of any tax (including any
interest, penalty or addition to tax) in installment payments if the
commissioner determines that such agreement will facilitate collection
of such liability.
(b) Extent to which agreements remain in effect. (1) Except as
otherwise provided in this subdivision, any agreement entered into by
the commissioner under subdivision (a) of this section shall remain in
effect for the term of the agreement.
(2) The commissioner may terminate any agreement entered into by the
commissioner under subdivision (a) of this section if:
(A) information which the taxpayer provided to the commissioner prior
to the date such agreement was entered into was inaccurate or
incomplete, or
(B) the commissioner believes that collection of any liability to
which an agreement under this section relates is in jeopardy.
(3) If the commissioner finds that the financial condition of a
taxpayer with whom the commissioner has entered into an agreement under
subdivision (a) of this section has significantly changed, the
commissioner may alter, modify, or terminate such agreement.
(4) The commissioner may alter, modify, or terminate an agreement
entered into by the commissioner under subdivision (a) of this section
in the case of the failure of the taxpayer:
(A) to pay any installment at the time such installment is due under
such agreement,
(B) to pay any other tax liability at the time such liability is due,
or
(C) to provide a financial condition update as requested by the
commissioner.
(5) The commissioner may not take any action under paragraph two,
three or four of this subdivision unless:
(A) a notice of such action is provided to the taxpayer not later than
thirty days prior to such action, and
(B) such notice includes an explanation why the commissioner intends
to take such action.
The preceding sentence shall not apply in any case in which the
commissioner believes that collection of any tax to which an agreement
under this section relates is in jeopardy.
(c) Nothing in this section should be construed to prevent a taxpayer
from prepaying in whole or in part any outstanding liability under any
agreement the taxpayer enters into with the commissioner.