Minnesota Administrative Rules
Agency 181 - Revenue Department
Chapter 8170 - DISCLOSURE OF RETURN INFORMATION
Part 8170.0100 - DISCLOSURE IN INVESTIGATION; THIRD-PARTY RETURNS
Universal Citation: MN Rules 8170.0100
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Disclosure of return information.
Return information of a taxpayer can be disclosed to taxpayers under investigation if it is pertinent return information of a third party.
Subp. 2. Definitions.
For purposes of Minnesota Statutes, section 270B.06, subdivision 2, and this part, the definitions in items A and B apply.
A. "Investigation" means an inquiry by the
Department of Revenue into whether a taxpayer is liable for a state tax, or
whether a taxpayer's return or refund claim is correct. The investigation is
not concluded until the taxpayer is found not to be liable, the taxpayer's
return or refund claim is accepted, the taxpayer's liability or deficiency is
satisfied, or the taxpayer's appeal is finally determined.
B. "Pertinent return information of a third
party" means information regarding the liability or refund of one taxpayer
which affects another taxpayer's liability or refund.
Examples of such information are:
(1) where more than one taxpayer is or may be
liable for the same tax types, periods, and amounts, information regarding
personal liability under Minnesota Statutes, section
270C.56,
including whether a personal liability assessment has been made against a
taxpayer; whether the assessment has been appealed administratively or
judicially, and the status of the appeal; whether any amounts have been
collected from the taxpayer, and whether the taxpayer is still being pursued
for collection; and whether a settlement has been made with the taxpayer and
for how much, unless the settlement agreement prohibits disclosure;
(2) information regarding the sales tax
liability of a taxpayer which affects the use tax liability of another
taxpayer;
(3) information used as a
basis for a sales tax assessment against a taxpayer that is obtained from other
taxpayers, such as statements from the purchasers of a vendor, or the sales tax
history of a previous owner of the taxpayer's business;
(4) whether amounts claimed by an employer as
a withholding tax refund have been claimed as a credit by the employees of the
employer on their individual income tax returns;
(5) when taxpayers are married and filing
separate individual income tax returns, whether either spouse itemized
deductions, and if so, how much of the state income tax deduction had to be
included in the Minnesota taxable income of either spouse;
(6) whether two or more taxpayers are
claiming the same dependent on their individual income tax returns;
(7) information regarding items of expense,
deduction, credit, or loss on the individual income tax return of a taxpayer
which affects the amount of income that should be reported on the individual
income tax return of another taxpayer;
(8) information from the corporate franchise
tax return or tax records of a corporation needed to determine the correctness
of a corporate franchise tax return of a unitary group with which the
corporation is no longer affiliated;
(9) whether a taxpayer filing a property tax
refund return has been claimed as a dependent on the individual income tax
return of another taxpayer;
(10)
information from the individual income tax returns of taxpayers who live in the
home of a taxpayer filing a property tax refund return that is needed to
determine household income;
(11)
when a taxpayer's business accounts receivable have been acquired by a
financial institution or other third party pursuant to an assignment, sale,
security agreement, or liquidation, information from the sales tax returns of
the taxpayer necessary for the financial institution or third party to
determine the sales taxes it must collect and remit as it collects the accounts
receivable;
(12) whether alimony
claimed as a deduction on the individual income tax return of one ex-spouse has
been reported as income on the individual income tax return of the other
ex-spouse; and
(13) information
regarding the allocation of the purchase price of a business among the various
kinds of assets sold, when the method of allocation reported on the individual
income tax return of the seller is different from the allocation reported on
the individual income tax return of the purchaser.
Statutory Authority: MS s 270B.19; 270C.06
Disclaimer: These regulations may not be the most recent version. Minnesota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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