Section 19551 Of Article 2. Disclosure Of Information From California Revenue And Taxation Code >> Division 2. >> Part 10.2. >> Chapter 7. >> Article 2.
19551
. (a) The Franchise Tax Board may permit the Commissioner of
Internal Revenue of the United States, other tax officials of this
state, the Multistate Tax Commission, the proper officer of any state
imposing an income tax or a tax measured by income or the authorized
representative of that officer, or the tax officials of Mexico, if a
reciprocal agreement exists, to inspect the income tax returns of
any taxpayer, or may furnish to the commission, or the officer or the
authorized representative thereof an abstract of the return or
supply thereto information concerning any item of income contained in
any return or disclosed by the report of any investigation of the
income or return. The information shall be furnished to the
Multistate Tax Commission, the federal or state officer or his or her
representative, or the officials of Mexico for tax purposes only.
Except when furnished pursuant to a written agreement, information
furnished pursuant to this section shall be furnished only if the
request is in the form of an affidavit under penalty of perjury
stating that the purpose for the request relates to an investigation
of the tax specified in the request and that the information will be
used in the ordinary performance of the applicant's official duties.
(b) Notwithstanding subdivision (a), tax officials of political
subdivisions of this state shall request information from the
Franchise Tax Board by affidavit only. At the time a tax official
makes the request, he or she shall provide the affected person with a
copy of the affidavit and, upon request, make the information
obtained available to that person.
(c) For purposes of this section, "reciprocal agreement" means a
formal agreement to exchange information between national taxing
officials of Mexico and taxing authorities of the State Board of
Equalization, the Franchise Tax Board, and the Employment Development
Department. Furthermore, the reciprocal agreement shall be limited
to the exchange of information that is essential for tax
administration purposes only. Taxing authorities of the State of
California shall be granted tax information only on California
residents. Taxing authorities of Mexico shall be granted tax
information only on Mexican nationals.
(d) This section shall become operative on January 1, 2019.