§ 3010 — Agreements for payments of tax liability in installments

§ 3010. Agreements for payments of tax liability in installments. (a)\nAuthorization of agreements. The commissioner is authorized to enter\ninto written agreements with any taxpayer under which such taxpayer is\nallowed to satisfy liability for payment of any tax (including any\ninterest, penalty or addition to tax) in installment payments if the\ncommissioner determines that such agreement will facilitate collection\nof such liability.\n (b) Extent to which agreements remain in effect. (1) Except as\notherwise provided in this subdivision, any agreement entered into by\nthe commissioner under subdivision (a) of this section shall remain in\neffect for the term of the agreement.\n (2) The commissioner may terminate any agreement entered into by the\ncommissioner under subdivision (a) of this section if:\n (A) information which the taxpayer provided to the commissioner prior\nto the date such agreement was entered into was inaccurate or\nincomplete, or\n (B) the commissioner believes that collection of any liability to\nwhich an agreement under this section relates is in jeopardy.\n (3) If the commissioner finds that the financial condition of a\ntaxpayer with whom the commissioner has entered into an agreement under\nsubdivision (a) of this section has significantly changed, the\ncommissioner may alter, modify, or terminate such agreement.\n (4) The commissioner may alter, modify, or terminate an agreement\nentered into by the commissioner under subdivision (a) of this section\nin the case of the failure of the taxpayer:\n (A) to pay any installment at the time such installment is due under\nsuch agreement,\n (B) to pay any other tax liability at the time such liability is due,\nor\n (C) to provide a financial condition update as requested by the\ncommissioner.\n (5) The commissioner may not take any action under paragraph two,\nthree or four of this subdivision unless:\n (A) a notice of such action is provided to the taxpayer not later than\nthirty days prior to such action, and\n (B) such notice includes an explanation why the commissioner intends\nto take such action.\n The preceding sentence shall not apply in any case in which the\ncommissioner believes that collection of any tax to which an agreement\nunder this section relates is in jeopardy.\n (c) Nothing in this section should be construed to prevent a taxpayer\nfrom prepaying in whole or in part any outstanding liability under any\nagreement the taxpayer enters into with the commissioner.\n