Alaska Stat. § 43.05.230

Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 43.05.230 - [Effective 1/1/2027] Disclosure of tax returns and reports
(a) It is unlawful for a current or former officer, employee, or agent of the state to divulge the amount of income or the particulars set out or disclosed in a report or return made under this title, except
(1) in connection with official investigations or proceedings of the department, whether judicial or administrative, involving taxes due under this title;
(2) in connection with official investigations or proceedings of the child support enforcement agency, whether judicial or administrative, involving child support obligations imposed or imposable under AS 25 or AS 47;
(3) as provided in AS 38.05.036 pertaining to audit functions of the Department of Natural Resources;
(4) as provided in AS 43.05.405 - 43.05.499; and
(5) as otherwise provided in this section or AS 43.55.890.
(b) The department, upon written request, shall furnish to the taxpayer a copy of the taxpayer's tax return upon payment of a fee of $1 per page.
(c) The department may permit the proper officer of the United States or of a state, territory or possession of the United States or of Canada or of a province or territory of Canada, or the officer's authorized representative, to inspect tax returns or reports filed with the department, or may furnish to the officer or representative a copy of the tax return, if the other jurisdiction grants substantially similar privileges to the department or its representative or to counsel for the state, and if the department determines that the other jurisdiction provides adequate safeguards for the confidentiality of the returns and reports, and that the returns and reports will be used for tax purposes only. The department may also permit the employment security division of the state Department of Labor and Workforce Development to inspect tax returns or reports filed with the department or may furnish a copy of the tax returns for tax purposes only.
(d) The commissioner may furnish to the Multistate Tax Commission or other authorized agent information contained in the tax returns, reports, related schedules and documents filed under an audit or investigation of a multistate business made by the department. This information may be furnished for tax purposes only. The Multistate Tax Commission or other authorized agent may make the information available to the tax officials of other states, the District of Columbia, and the United States and its territories for tax purposes only.
(e) Nothing in this section prohibits the publication of statistics so classified as to prevent the identification of particular returns or reports or the publication of delinquent lists showing the names of taxpayers who have failed to pay their taxes at the time and in the manner provided by law, together with other relevant information which in the opinion of the department may assist in the collection of delinquent taxes.
(f) A wilful violation of the provisions of this section or of a condition imposed under AS 43.55.040 (1)(B) is punishable by a fine of not more than $5,000, or by imprisonment for not more than two years, or by both.
(g) The information contained in a license issued by the commissioner of revenue or the commissioner of commerce, community, and economic development under AS 43.40, AS 43.50, AS 43.60, AS 43.65, AS 43.70, and AS 43.75 is public information.
(h) The commissioner shall, upon request, furnish to the Department of Natural Resources copies of tax returns, reports, and other documents filed under AS 43.55 or AS 43.65, and the Department of Revenue's determinations and workpapers under those chapters. The Department of Natural Resources shall maintain the confidentiality that the Department of Revenue is required to extend to the returns, reports, documents, determinations, and workpapers furnished to the Department of Natural Resources under this subsection.
(i) The commissioner shall, upon request, furnish to the Department of Environmental Conservation or the Department of Fish and Game all names and addresses of businesses that are required to file confidential reports under AS 43.75.015. The Department of Environmental Conservation and the Department of Fish and Game shall maintain the confidentiality that the Department of Revenue is required to extend to the names and addresses furnished under this subsection.
(j) The name of each person claiming a credit and the amount of credit received for each gas storage facility by that person under AS 43.20.046 is public information. The commissioner shall furnish the information to the Regulatory Commission of Alaska on request.
(k) The name of each person that the department has allowed to make an election under AS 43.55.014(a) and the amount of gas produced from each lease or property to which an effective election under AS 43.55.014 applies is public information.
(l) For tax credit certificates purchased by the department in the preceding calendar year under AS 43.55.028, the department shall make the following information public by April 30 of each year:
(1) the name of each person from which the department purchased a transferable tax credit certificate; and
(2) the aggregate amount of the tax credit certificates purchased from the person in the preceding calendar year.
(m) [Repealed by 2022 amendment.]

AS 43.05.230

Amended by SLA 2022, ch. 31,sec. 6, eff. 1/1/2027.
Amended by SLA 2022, ch. 31,sec. 3, eff. 7/7/2022.
Amended by SLA 2018, ch. 33,sec. 13, eff. 6/20/2018.
Amended by SLA 2017SP2, ch. 3,sec. 31, eff. on the later of 1/1/2022 or January 1 of the calendar year following the year of notice under sec. 43 of this act (later repealed).
Amended by SLA 2016SP4, ch. 4,sec. 9, eff. 1/1/2017.
Amended by SLA 2015, ch. 37,sec. 1, eff. 7/1/2015.
Amended by SLA 2014, ch. 14,sec. 42, eff. 1/1/2015.
This section is set out more than once due to postponed, multiple, or conflicting amendments.