Section 1418. Returns to be secret  


Latest version.
  • (a) Except in accordance with proper
      judicial order or as otherwise provided by law, it shall be unlawful for
      the tax appeals tribunal, the commissioner of taxation and finance,  any
      officer  or  employee  of  the  department  of taxation and finance, any
      person engaged or retained by such department on an independent contract
      basis, or any person who, pursuant to  this  section,  is  permitted  to
      inspect  any  return  or to whom a copy, an abstract or a portion of any
      return is furnished, or to whom any information contained in any  return
      is furnished, to divulge or make known in any manner the particulars set
      forth  or disclosed in any return required under this article. Provided,
      however, that nothing in this section shall prohibit a recording officer
      from making a notation, or affixing stamps, on an instrument effecting a
      conveyance indicating the amount of tax  paid.  No  recorded  instrument
      effecting a conveyance shall be considered a return for purposes of this
      section.
        (b) The officers charged with the custody of such returns shall not be
      required  to  produce  any  of them or evidence of anything contained in
      them in any action or proceeding in any court, except on behalf  of  the
      commissioner  of  taxation and finance in any action or proceeding under
      the provisions of this chapter or in  any  other  action  or  proceeding
      involving  the  collection  of a tax due under this chapter to which the
      state or the commissioner of taxation  and  finance  is  a  party  or  a
      claimant,  or  on  behalf of any party to any action or proceeding under
      the provisions of this article when the returns or facts  shown  thereby
      are  directly  involved  in  such  action or proceeding, in any of which
      events the court may  require  the  production  of,  and  may  admit  in
      evidence,  so much of said returns or of the facts shown thereby, as are
      pertinent to the action or proceeding and no more.
        (c) Notwithstanding the provisions of subdivision (a) of this section,
      the commissioner of taxation and finance may permit the secretary of the
      treasury of the United States  or  his  delegates,  or  the  proper  tax
      officer   of  any  city  imposing  a  similar  tax,  or  the  authorized
      representative of either such officer, to inspect any return filed under
      this  article,  or  may  furnish  to  such  officer  or  his  authorized
      representative  an  abstract  of  any  such  return  or  supply him with
      information  concerning  an  item  contained  in  any  such  return,  or
      disclosed  by any investigation of tax liability under this article, but
      such permission shall be granted or such information furnished  only  if
      the laws of the United States or of such city, as the case may be, grant
      substantially  similar  privileges  to  the commissioner of taxation and
      finance or officer of this state charged with the administration of  the
      tax  imposed by this article, and only if such information is to be used
      for tax purposes only; and provided further the commissioner of taxation
      and finance may furnish to the commissioner of internal revenue  or  his
      authorized  representative  such  returns  filed  under this article and
      other tax information, as he may  consider  proper,  for  use  in  court
      actions or proceedings under the internal revenue code, whether civil or
      criminal,  where  a  written  request  therefor  has  been  made  to the
      commissioner of taxation and finance by the secretary of the treasury of
      the United States or his delegates, provided  the  laws  of  the  United
      States  grant  substantially  similar  powers  to  the  secretary of the
      treasury of the United States or his delegates. Where  the  commissioner
      of  taxation  and finance has so authorized the use of returns and other
      information in such actions or proceedings, officers  and  employees  of
      the  department  of  taxation and finance may testify in such actions or
      proceedings in respect to such returns or other information.
    
        (d) The tax appeals tribunal shall, nevertheless, publish a copy or  a
      summary  of any decision rendered after the hearing required pursuant to
      this chapter.
        (e)  Nothing  herein  shall be construed to prohibit the delivery to a
      grantor or grantee of an instrument effecting a conveyance or  the  duly
      authorized representative of a grantor or grantee of a certified copy of
      any  return  filed in connection with such instrument or to prohibit the
      publication of statistics so classified as to prevent the identification
      of particular returns and the items thereof, or the  inspection  by  the
      attorney  general  or  other  legal  representatives of the state of the
      return of any taxpayer who shall bring action to set aside or review the
      tax based thereon, or against whom an action or  proceeding  under  this
      chapter has been recommended by the commissioner of taxation and finance
      or the attorney general or has been instituted, or the inspection of the
      returns   required  under  this  article  by  the  comptroller  or  duly
      designated officer or employee of the  state  department  of  audit  and
      control,  for  purposes  of  the  audit of a refund of any tax paid by a
      taxpayer under this article.
        (f) Any officer or employee of the state who  willfully  violates  the
      provisions  of  this  section  shall  be  dismissed  from  office and be
      incapable of holding any public office in this state  for  a  period  of
      five years thereafter.
        (g)  Cross-reference. For criminal penalties, see article thirty-seven
      of this chapter.