Mont. Admin. r. 42.2.325

Current through Register Vol. 23, December 6, 2024

Rule 42.2.325 - ACCESS TO INFORMATION

(1) The department files, other than those files required by law to be closed, are open to public inspection in accordance with established department policy. These files are located at various department offices in Montana. Copies of specific documents are available in accordance with department policy entitled, "Agency Documents - Access and Photocopying," 2.1.4, dated January 3, 2013.

(2) All requests for confidential tax returns or tax return information submitted by someone other than the taxpayer or an authorized agent of the taxpayer must be made to the department in writing directed to:

Department of Revenue

Director's Security Office

P.O. Box 7701

Helena, MT 59604-7701.

(3) A taxpayer may authorize a representative to obtain the taxpayer's confidential tax information by completing and submitting the department's Power of Attorney form, Form POA. The downloadable form is located on the department's web site at revenue.mt.gov. The department will also accept a fully executed Federal Form 2848, Power of Attorney and Declaration of Representative.

(4) Except as provided in (5), when the department receives a written request for confidential tax return information from someone who is not statutorily authorized to receive it, the department's Security Office will respond in writing denying the request.

(5) The department complies with the State Tax Appeals Board's order to provide relevant confidential realty transfer certificate information to requesting taxpayers who are appealing the department's valuation of their property for comparable sales that the department used in valuing the taxpayer's property.

(6) When the department is served with an administrative summons, judicial summons, or subpoena demanding confidential tax return information on behalf of someone who is not statutorily authorized to receive it, the department will oppose the request by filing a motion to quash with the judicial body that issued it or under whose authority it was issued, and will appeal any adverse ruling that implicates the department's view of proper tax administration. The department will obey an order to provide the information according to a final judicial order.

Mont. Admin. r. 42.2.325

NEW, Eff. 4/6/76; AMD, 2000 MAR p. 3557, Eff. 12/22/00; AMD, 2010 MAR p. 2744, Eff. 11/27/10; AMD, 2014 MAR p. 1527, Eff. 7/11/14; AMD, 2016 MAY p. 841, Eff. 5/7/2016

AUTH: 2-4-201, 15-1-201, 15-7-306, 15-30-2620, 15-31-501, 16-1-303, 16-10-104, 16-11-103, MCA; IMP: Montana Constitution, Art. II, sections 8, 9, and 10, 2-3-101, 2-3-102, 2-3-103, 2-3-104, 2-3-105, 2-3-111, 2-3-112, 2-3-113, 2-3-114, 2-4-201, 2-6-1003, 2-6-1006, 2-6-1009, 2-6-1017, 15-1-106, 15-7-308, 15-7-310, 15-30-2618, 15-31-511, 15-38-109, 15-68-815, MCA