Title 48, Chapter 7, Section 60
( 48-7-60)
(a) Except in accordance with proper judicial order or as otherwise
provided by law, it is unlawful for the commissioner, other officer,
employee, or agent, or any former officer, employee, or agent to
divulge or make known in any manner the amount of income or any
particulars set forth or disclosed in any report or return required
under the law of this state or any return or return information
required by the Internal Revenue Code when the information or return
is received from the Internal Revenue Service or submitted by the
taxpayer as provided by the laws of this state. Nothing contained in
this Code section shall be construed to prohibit the publication of
statistics so presented as to prevent the identification of
particular reports or returns and the items thereof, or the
inspection by the Attorney General or other legal representative of
the state, or use as evidence, of the report or return of a taxpayer
in the event of any action or proceeding involving any tax liability
of the taxpayer. Reports and returns shall be preserved for three
years and thereafter until the commissioner orders them to be
destroyed. (b) The commissioner may permit the commissioner of internal revenue
of the United States, the proper officer of any state imposing an
income tax similar to that imposed by this chapter, or the
authorized representative of either such officer to inspect the
income tax returns of any taxpayer, or may furnish to the officer or
his authorized representative an abstract of the return of income of
any taxpayer or supply him with information concerning any item of
income contained in any return or disclosed by the report of any
investigation of the income or return of income of any taxpayer. The
permission shall be granted or the information shall be furnished to
the officer or his representative only if: (1) The request is only for state tax information including
federal tax information required by the state to be filed by the
taxpayer with his state return; (2) The requested information will be used solely for tax
purposes; (3) The requesting state has a confidentiality statute which
complies with the requirements of Section 6103(p)(8) of the
Internal Revenue Code; and (4) The statutes of the United States or of such other state, as
the case may be, grant substantially similar privileges to the
proper officer of this state charged with the administration of
this chapter. (c) The commissioner may permit the disclosure of inventories, depreciable assets, accumulated depreciation, and book value of depreciable assets to local tax authorities in this state to be used solely for ad valorem tax purposes, provided that the furnishing of the information is not prohibited by Section 6103 of the Internal Revenue Code; and provided, further, that the furnishing of the information to the local tax authorities shall not be deemed to change the confidential character of the information, and any persons receiving the information pursuant to this subsection shall be subject to Code Section 48-7-61, relating to the sanctions to be imposed for the unauthorized disclosure of confidential material. (d) This Code section shall not be construed to prohibit persons or groups of persons other than employees of the department from having access to tax information where necessary for data processing operations and maintenance of data processing equipment, provided the persons or groups of persons have obtained prior approval from the commissioner and are subject to the direct security control of department personnel during all periods of access. Any person who divulges or makes known any tax information obtained under this subsection shall be subject to the same civil and criminal penalties as those provided for divulgence of information by employees of the department. (e) Notwithstanding any other law, this Code section shall remain in
full force and effect unless specific reference is made in such
other law to this Code section and to the disclosure of income tax
information contained in any report or return required under this
Code section. |