Voluntary Disclosure: Georgia Department of Revenue Voluntary Disclosure Program - Georgia tax

The purpose of the Georgia Department of Revenue's Voluntary Disclosure Program is to provide an opportunity for businesses and individuals who have become aware of their Georgia tax obligations to voluntarily come forward and meet such obligations. Tax relief afforded to taxpayers is outlined below. The program is administered by the Department's Compliance Research Unit. All of the information needed to offer a voluntary disclosure agreement to the Department is detailed below.

In order to be eligible, the company or individual may not have been previously contacted by the Department. Because the taxpayer is coming forward voluntarily, the Department will usually waive all penalties and limit the length of time the taxpayer must disclose and pay previous liabilities. This length of time, called the "look-back" period, is generally three years but can be longer depending upon a taxpayer's particular circumstances. These items are covered in greater detail in the Department's Guide to Georgia's Voluntary Disclosure Program.


Where to begin?

To initiate the voluntary disclosure process, the taxpayer or their representative should first review the following documents:

- Guide to Georgia's Voluntary Disclosure Program
- Voluntary Disclosure Application

The company or individual must then provide certain information, representations, and warranties as described in the Voluntary Disclosure Application. Additional details regarding this document can be found in the Guide to Georgia's Voluntary Disclosure Program.

When the Department receives an application, it will review it and determine the terms of the agreement it is able to offer to the taxpayer. The Department will either request additional information or sign the agreement and send it back to the taxpayer or their representative for acceptance and signature.

If your company is involved in multi-state commerce and seeks to resolve potential state sales and use tax or income and net worth tax liabilities where nexus is the central issue, you may want to learn about the Multistate Tax Commission's Multistate Voluntary Disclosure Program. Taxpayers benefit by resolving potential state tax disputes before states issue prior year assessment of taxes, interest and penalties. Multistate resolution saves time and money, and the Commission staff performs its work at no cost to the taxpayer.

You may contact Georgia Department of Revenue's Compliance Research Unit by mail or e-mail:

Mail: Georgia Department of Revenue, Attn: Steven Alvarez, Manager, Compliance Research Unit, 1800 Century Blvd., Suite 18204 Atlanta, Georgia 30345

TAX NEWS - NOVEMBER 2009

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