Section 47-4440 - Reciprocal refund offset

Reciprocal refund offset

(a) The chief taxing official of a state, local, or municipal government may certify to the Mayor the existence of a tax debt and request that the Mayor withhold a refund due to a taxpayer to satisfy the debt owed by the taxpayer to the requesting state, local, or municipal government.

(b) A request under subsection (a) of this section shall not be honored unless the state, local, or municipal government provides a reciprocal right of credit to the District of Columbia.

(c) Certification of a tax debt shall include:

(1) The full name and current address of the taxpayer;

(2) The taxpayer's social security number or federal identification number;

(3) The amount of the debt, including a detailed statement showing tax, interest, and penalty for each taxable period; and

(4) A statement that all rights to administrative remedies or appeals have been exhausted or lapsed and that the assessment of tax, interest, and penalty is final and enforceable.

(d) Upon receipt of a request under subsection (a) of this section, the Mayor shall notify the taxpayer (and in the case of a refund of a tax imposed upon the income of individuals, a spouse (or domestic partner) with whom the taxpayer filed a joint return). The notice shall include a copy of the certification by the chief taxing official of the requesting state, local, or municipal government.

(e) The Mayor may enter into agreements with the chief taxing official of a state, local or municipal government with respect to the operation of this section, including safeguards against the disclosure or inappropriate use of any information which personally identifies the taxpayer.

CREDIT(S)

(June 9, 2001, D.C. Law 13-305, § 405(b), 48 DCR 334; Mar. 14, 2007, D.C. Law 16-292, § 2(h), 54 DCR 1080.)

HISTORICAL AND STATUTORY NOTES

Effect of Amendments
D.C. Law 16-292 substituted “spouse (or domestic partner)” for ‘'spouse”.
Legislative History of Laws
For Law 13-305, see notes under § 47-4401.
For Law 16-292, see notes following § 47-1801.04.

Current through September 13, 2012