Okla. Admin. Code § 710:1-5-82

Current through Vol. 42, No. 7, December 16, 2024

Section 710:1-5-82 - Grounds for settlement

(a)General provisions. Except for a trust fund tax, the Commission may settle an Oklahoma tax liability for any of the following reasons:

(1) Collection of the tax with interest and penalties would reasonably result in the taxpayer declaring bankruptcy;

(2) The tax liability is uncollectible due to the insolvency of the taxpayer resulting from factors beyond the control of the taxpayer or other similar factors; or,

(3) The tax liability is the result of actions of a person other than the taxpayer and to hold taxpayer liable for the tax liability would be inequitable.

(b)Uncollected trust fund taxes. If the tax liability for which settlement is sought is a "trust fund tax", the applicant must show:

(1) That the tax was not collected; and,

(2) That applicant had a good faith belief that collection of the tax was not required.

(c)Unremitted trust fund taxes. Trust fund taxes collected, but not remitted to the Commission, may not be abated.

Okla. Admin. Code § 710:1-5-82

Added at 20 Ok Reg 748, eff 3-17-03 (emergency); Added at 20 Ok Reg 2580, eff 7-11-03