§ 34-03 Filing.
RCNY § 34-03
(a)Form, Contents and Supporting Documentation.
(1)An offer-in-compromise must be filed on the form or forms prescribed by the Department for such purpose at the address prescribed in the forms. In the discretion of the Commissioner of Finance, an offer-in-compromise may be filed on forms prescribed by another taxing authority provided that those forms contain the information required by this subdivision.
(2)Contents of offer-in-compromise. The offer-in-compromise must contain: (i) the taxpayer's name, address and taxpayer identification number (employer identification number or social security number); (ii) the name, address and telephone number of the taxpayer's representative (if applicable); (iii) the tax liabilities included in the offer-in-compromise, which, in the case of an offer based in whole or in part on doubt as to collectibility, must consist of all outstanding liabilities for all City-administered income, non-property excise taxes and annual vault charges; (iv) the total amount the taxpayer is offering to pay; (v) a brief indication of the grounds for the offer-in-compromise; and (vi) the taxpayer's agreement to comply with the Department's general conditions for accepting the offer-in-compromise (see subdivision (d) of 19 RCNY § 34-05).
(3)Supporting Documentation.
(i)An offer-in-compromise based in whole or in part on doubt as to collectibility requires a showing that the taxpayer has been discharged in bankruptcy or is insolvent. The taxpayer must submit a statement of financial condition and the other information and documents specified on the forms prescribed by the Department. The Department may require the submission of additional financial information or documents that the Department deems necessary, including current financial statements that have been audited by an independent licensed public accountant or an independent certified public accountant. The statement of financial condition, and any other information submitted to support an offer-in-compromise, becomes the property of the Department and will not be returned to the taxpayer.
(ii)An offer-in-compromise based in whole or in part on doubt as to liability must be supported by appropriate facts, evidentiary documents and legal arguments submitted in writing by the taxpayer. The Department may require the taxpayer to submit additional information or documents that the Department deems necessary. The acceptable offer-in-compromise amount will depend upon the degree of doubt determined by the Department in the particular case.
(4)The taxpayer shall file an original and three conformed copies of the required offer-in-compromise forms and supporting documentation.
(b)Time for Filing.
(c)Effect.
