Oklahoma Administrative Code
Title 710 - Oklahoma Tax Commission
Chapter 1 - Administrative Operations
Subchapter 5 - Practice and Procedure
Part 8 - SETTLEMENT OF TAX LIABILITY
Section 710:1-5-83 - Eligibility requirements for settlement
Universal Citation: OK Admin Code 710:1-5-83
Current through Vol. 42, No. 1, September 16, 2024
(a) General requirements. Before a taxpayer becomes eligible for settlement pursuant to this program, the following general requirements must be met:
(1) Tax liability must be final.
(2) All administrative remedies and appeals
must have been exhausted.
(3)
Taxpayer must be current with all returns filed or required to be filed with
the Commission.
(4) Taxpayer must
not be currently the subject of an open bankruptcy proceeding.
(5) Taxpayer must not be currently the
subject of a State tax-related criminal investigation or criminal
prosecution.
(b) Bankruptcy or insolvency. If settlement is sought on the grounds of bankruptcy or insolvency:
(1) Taxpayer must
demonstrate that the ability to make payment in full any time in the
foreseeable future is unlikely.
(2)
Taxpayer must be without sufficient resources or unable to apply present or
future resources to paying the outstanding tax liability.
(3) Taxpayer must be reasonably unable to
dispose of assets or borrow against assets to pay the tax liability.
(4) Taxpayer must demonstrate that monthly
income is insufficient to fully pay the tax liability through reasonable
installment payments.
Added at 20 Ok Reg 748, eff 3-17-03 (emergency); Added at 20 Ok Reg 2580, eff 7-11-03
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