§ 58.1-105. Offers in compromise; Department may accept; authority and dutyof Tax Commissioner.
A. In all cases in which under the laws of this Commonwealth a prosecution isauthorized for violation of the revenue laws and in all cases in which apenalty is imposed upon the taxpayer for failure to comply with therequirements of the tax laws, the Department shall in its discretion haveauthority to accept offers made in compromise of such prosecution and incompromise or in lieu of such penalties. An offer in lieu of the assessmentof a penalty shall be deemed to be made by the filing of a return or paymentof tax without payment of a penalty if information filed with the return orpayment of tax or obtained from other sources demonstrates reasonable causefor the failure or omission for which the penalty would be imposed. Thereason for the acceptance of such offers in compromise shall be preservedamong the records of the Department.
B. The Tax Commissioner may compromise and settle doubtful or disputed claimsfor taxes or tax liability of doubtful collectibility. An offer in compromiseshall be deemed accepted only when the taxpayer is notified in writing of theacceptance by the Tax Commissioner. Whenever such a compromise and settlementis made, the Tax Commissioner shall make a complete record of the caseshowing the tax assessed, recommendations, reports and audits of departmentalpersonnel, if any, the taxpayer's grounds for dispute or contest togetherwith all evidences thereof, and the amounts, conditions and settlement orcompromise of same.
C. The Department may deposit into the state treasury all payments submittedwith offers in compromise, unless the taxpayer specifically and clearlydirects otherwise.
(Code 1950, § 58-45; 1973, c. 446; 1984, c. 675; 1994, c. 800; 1996, cc. 640,655.)
§ 58.1-105. Offers in compromise; Department may accept; authority and dutyof Tax Commissioner.
A. In all cases in which under the laws of this Commonwealth a prosecution isauthorized for violation of the revenue laws and in all cases in which apenalty is imposed upon the taxpayer for failure to comply with therequirements of the tax laws, the Department shall in its discretion haveauthority to accept offers made in compromise of such prosecution and incompromise or in lieu of such penalties. An offer in lieu of the assessmentof a penalty shall be deemed to be made by the filing of a return or paymentof tax without payment of a penalty if information filed with the return orpayment of tax or obtained from other sources demonstrates reasonable causefor the failure or omission for which the penalty would be imposed. Thereason for the acceptance of such offers in compromise shall be preservedamong the records of the Department.
B. The Tax Commissioner may compromise and settle doubtful or disputed claimsfor taxes or tax liability of doubtful collectibility. An offer in compromiseshall be deemed accepted only when the taxpayer is notified in writing of theacceptance by the Tax Commissioner. Whenever such a compromise and settlementis made, the Tax Commissioner shall make a complete record of the caseshowing the tax assessed, recommendations, reports and audits of departmentalpersonnel, if any, the taxpayer's grounds for dispute or contest togetherwith all evidences thereof, and the amounts, conditions and settlement orcompromise of same.
C. The Department may deposit into the state treasury all payments submittedwith offers in compromise, unless the taxpayer specifically and clearlydirects otherwise.
(Code 1950, § 58-45; 1973, c. 446; 1984, c. 675; 1994, c. 800; 1996, cc. 640,655.)
§ 58.1-105. Offers in compromise; Department may accept; authority and dutyof Tax Commissioner.
A. In all cases in which under the laws of this Commonwealth a prosecution isauthorized for violation of the revenue laws and in all cases in which apenalty is imposed upon the taxpayer for failure to comply with therequirements of the tax laws, the Department shall in its discretion haveauthority to accept offers made in compromise of such prosecution and incompromise or in lieu of such penalties. An offer in lieu of the assessmentof a penalty shall be deemed to be made by the filing of a return or paymentof tax without payment of a penalty if information filed with the return orpayment of tax or obtained from other sources demonstrates reasonable causefor the failure or omission for which the penalty would be imposed. Thereason for the acceptance of such offers in compromise shall be preservedamong the records of the Department.
B. The Tax Commissioner may compromise and settle doubtful or disputed claimsfor taxes or tax liability of doubtful collectibility. An offer in compromiseshall be deemed accepted only when the taxpayer is notified in writing of theacceptance by the Tax Commissioner. Whenever such a compromise and settlementis made, the Tax Commissioner shall make a complete record of the caseshowing the tax assessed, recommendations, reports and audits of departmentalpersonnel, if any, the taxpayer's grounds for dispute or contest togetherwith all evidences thereof, and the amounts, conditions and settlement orcompromise of same.
C. The Department may deposit into the state treasury all payments submittedwith offers in compromise, unless the taxpayer specifically and clearlydirects otherwise.
(Code 1950, § 58-45; 1973, c. 446; 1984, c. 675; 1994, c. 800; 1996, cc. 640,655.)
