(a) Once the terms of the compromise agreement are fulfilled, including payment of the amount offered, the following shall occur:
(1) The liability shall be considered satisfied in full.
(2) All tax liens filed or recorded, or both, in accordance with Article 1 (commencing with Section 1701) shall be released.
(3) A statement shall be placed on file with the department containing the following information:
(A) The taxpayer’s name and identification number.
(B) The year or years and quarter or quarters involved.
(C) The reason or reasons the liability was reduced by an offer in compromise.
(D) The total amount of unpaid tax, interest, additions to tax, and penalties at issue in the compromise.
(E) The terms of the offer in compromise.
(F) The total amount paid under the offer in compromise.
(b) All records of compromise required to be kept by the department may be reviewed as part of the annual single audit of the Employment Development Department.
(c) The department shall do all of the following:
(1) Notify the employer or individual submitting the offer in writing that the terms of the compromise agreement have been fulfilled, and that all liens filed or recorded, or both, in accordance with Article 1 (commencing with Section 1701) against the taxpayer’s interests have been released.
(2) Furnish the employer or individual submitting the offer with a copy of the statement that is on file in accordance with paragraph (3) of subdivision (a).
(d) For a period of one year from the date that the statement is placed on file as required under paragraph (3) of subdivision (a), the statement shall be available for public inspection. However, no lists shall be distributed by the department in connection with these statements.
(Added by Stats. 1993, Ch. 356, Sec. 3. Effective January 1, 1994.)
Last modified: October 25, 2018