HomeMy WebLinkAboutContract 43947 (2)44-.CONII CCI
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Texas Comptroller of Public Accounts, Criminal investigation Divielon
k edp i' ca! Agreement for Confidential Information under the Texas Tax Cede
I' Declaration of Entity Type
one)
Name Entity)
City of Fort: Worth
, hereinafter "Entitt," is (check
Q a state officer or authorized representative;
a Texas law enforcement officer or authorized representative;
ca a tax official of another state of authorized representative;
® a tax official of the United Mexican States or authorized representative;
an official of the United States or an authorized representative.
See Texas Tax Code 111.006(e)(4
8#. Comptsollees Authorization to Lxannine Confidential information; Reciprocity
The Comptroller authorizes the Entity, pursuant to Texa) Tax Code 111.0O6(e), to examine
Information made confidential by Title 2 of the Texas Tax Code, contingent on the Entity
agreeing to fulfill any reciprocity required by law that is detailed In Appendix 1 of this
document.
uw. Security of confidential] information received
The Entity agrees to secure the confidential information provided under this agreement in
the same manner and to the same extent that it secures its own confidential information.
IV. Re -dissemination not authorized; Exception
The Entity agrees not to recdissemlrate any confidential information obtained through this
agfeme n �,
If readissemination is desired, the Entity will request that the entity potentially receiving the
information contact the Comptroller's Criminal Investigation Division (CID) and execute its
own Exchange of Information agreement.
EXCEPTION. The Comptroller authorizes the Entity to use information or records obtained
via this agreement in a judicial or administrative proceeding In which this state, another
state, or the federal government is a party. Tax Code 111.006(c)
Duration of Agreement
This agreement begins on the day it Is signed by both the Entity and the Comptroller, and
continue for a period of 4 years from the date of execution unIes/until earlier revoked by
either party in writing. This agreement supercedes any other reciprocal agreement previously
made between the Comptroller's CID and the Entity.
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OFFICIAL RECOR6
CITY SECRETARY II
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Texas Comptroller of Public Accounts, Criminal Investigation Division
Reciprocal Agreement for Confidential Information under the Texas Tax Code
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The signature of the Entity below affirms that the Entity agrees to provide the Comptroller of
Public Account, Crininal Investigation Division the reciprocity required by Texas law
described in Appendix Y of this document, will secure the information as required by this
agreement, and will not re.dlsseminate information relg i ad to the Entity except as allowed
by this document.
For Entity
Name chnrlee W. Daniels
Wile Afietent City Manager
(NW /c7 i
For Cumptrol
Chid Cr eal Invesitg ®n
Date( i
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appendix is Ti uil& Low Enforcement officer
A. Information from CPA gxaminf ons (not Motpr Fuels)
"All information secured, derived, or obtained by the COMptnalier of Public Accounts during the
course of an examination of the taxpayer's booms, records, pars, offiers, or employees,
including an examination of the business affairs, operations, sources of income, profits, losses, or
expenditures of the taxpayer." See Tax Code 111.00(n)(2).
inforrnationfrom CEA examinations mating to MQ r Fuels TM
"All information secured, derived, or obtained by the Comptroller of Public Accounts during the
cotifse of an examination of the taxpayer's boo , records, papers, officers, or employees,
including an examination of the business affairs, operations, sources of income, profits, losses, or
expenditures of the taxpayer" that relates to the taxpayer's responsibilities under Chapter 162 of
the Texas Tax Code. Tax Code 111.006(g).
C. Iti3 1.1 data (or Seer. Wine , ottli
"Monthly reports by a wholesaler or distributor of beer, wine, malt liquor, rigrarettes, cigars, and
tobacco products of its sales to retailers in this state." See Tax Code 151,433,154.212, and 155.105.
This information may be examined by a law enforcement officer of Texas if the Comptroller
authorizes the examination. No reciprocity is required. Tax Code 111.O06(e)(2),
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Texan Comptroller of public Accounts, Criminal Investiga&Ian Division
Reciprocal Agreemenn fog Confidential information under tho Texas Tax Code
bocce Product_ rini .gyp '1k
"Tho comptroller may require each corporation, association, joint venture, syndicate,
partnership, or proprietorship to furnish financial information larding the applicant
and to provide the identity of each officer, director, stockholder, owning 1O% or more of
the outstanding stock, partner, member, owner, or managing employee." Tax Cocte
'I 54.101(e),155 041(g).
"Each distributor, wholesaler, and retailer that applies for a permit to sell [cigarettes or
tobacco products] from a vehicle must provide the make, model, VIN, registration
number, and any other information required by the comptroller." See Tax Code
154.101(0, 155.041(f).
This information may be examined by a law enforcement officer of Tech if the Comptroller
authorizes the examination. No reciprocity is required. Tax code 111.006(0(2).
E. iiitTAxelatingloaSales Taxi
"Information in or derived from a record; report, or other instrument required to be
furnished under Chapter I51, Texas Tax Code," 151.027(a)
"Information seared, derived, or obtained during Ibe course of an examination of a
taxpayer's books, records, papers, officer or empk' fritinding the huqfpacq affrjrs,
operation.; profits, tosses, and expenditures of the t=Axpayero" I51.027(b)
This information may be examined by a "state Paw enforcement officer" if the Comptroller
authorizes the examination, and a reciprocal agreement exists, Tax Code 111.0 6(e)(1) and
151.027(c0(l ).
Reciprocity required. The Entity agrees to allow the. Comptroller to examine tax information
under the control of the state law enforcement officer in a manner substantially equivalent to the
officer's or official's access to tnfnuuation under this subsection. Tax Code 111.006(e)(2).
F. Certain Eranchisp Tax information
"Except as provided by *Tax Code+ Section 171.207...(I) Information that is obtained
from a record or other instrument that is required by this chapter to be filed with the
comptroller; or (2) information, including information about the business affairs,
operations, profits, losses, cost of goods sold, compensation, or expenditures of a taxable
entity, obtained by an examination of the books and records, officers, partners, trustees,
agents, or employees of a taxable entity on which tax is imposed by this chapter.
This information may be examined by a law enforcement officaw of Texas if the Comptroller
authorizes the examination. No reciprocity Is required. Tax Code 171210(b)(2).
3
VC1fiion 3.0 init ats:
13y•
Je c !stead
Chief
of Police
Date: se_g___.,__,117/573
APPROVED AS TO F
ORM
AN» LE aALJ 1.
By:
Jessica S ang
- g
Assistant Attorney
Contract Authori•
M&c: NIA
Date Approved:
ATTEST:
By: _ fi//
Mary ayscr
City Secretary
lc] ‘F,s9'01111* 4tizi
Reciprocal Agreement for Conf
idential Information Under TexCode
4
OFFICIAL RECORD
CITY SECRETARY