The Fair Tax Act, Part XLII
Part e of Section 605 covers privacy information. Warning, this part is long and boring legalese:
`(e) Confidentiality of Tax Information-
`(1) IN GENERAL- All reports and report information (related to any internal revenue law) shall be confidential and except as authorized by this title
`(A) no officer or employee (including former officers and employees) of the United States;
`(B) no officer or employee (including former officers and employees) of any State or local agency who has had access to returns or return information; and
`(C) no other person who has had access to returns or return information;
shall disclose any report or report information obtained by him in any manner in connection with his service as such officer or employee or otherwise.
`(2) DESIGNEES- The sales tax administering authority may, subject to such requirements as the Secretary may impose, disclose the report and report information of a person to that person or persons as that person may designate to receive said information or return.
`(3) OTHER SALES TAX ADMINISTERING AUTHORITIES- A sales tax administering authority may impose, disclose the report and report information to another sales tax administering authority.
`(4) INCOMPETENCY- A sales tax administering authority may, subject to such requirements as the Secretary may impose, disclose the report and report information to the committee, trustee, or guardian of a person who is incompetent.
`(5) DECEASED PERSONS- A sales tax administering authority may, subject to such requirements as the Secretary may impose, disclose the report and report information to the decedent’s–
`(A) administrator, executor, estate trustee, or
`(B) heir at law, next of kin, or beneficiary under a will who has a material interest that will be affected by the information.
`(6) BANKRUPTCY- A sales tax administering authority may, subject to such requirements as the Secretary may impose, disclose the report and report information to a person’s trustee in bankruptcy.
`(7) CONGRESS- Upon written request from the Chairman of the Committee on Ways and Means, the Chairman of the Committee on Finance of the Senate, or the Chairman or Chief of Staff of the Joint Committee on Taxation, a sales tax administering authority shall disclose the report and report information, except that any report or report information that can be associated with or otherwise identify a particular person shall be furnished to such committee only when sitting in closed executive session unless such person otherwise consents in writing to such disclosure.
`(8) WAIVER OF PRIVACY RIGHTS- A person may waive confidentiality rights provided by this section. Such waiver must be in writing.
`(9) INTERNAL USE- Disclosure of the report or report information by officers or employees of a sales tax administering authority to other officers or employees of a sales tax administering authority in the ordinary course of tax administration activities shall not constitute unlawful disclosure of the report or report information.
`(10) STATISTICAL USE- Upon request in writing by the Secretary of Commerce, the Secretary shall furnish such reports and report information to officers and employees of the Department of Commerce as the Secretary may prescribe by regulation for the purposes of, and only to the extent necessary in, the structuring of censuses and national economic accounts and conducting related statistical activities authorized by law.
`(11) DEPARTMENT OF THE TREASURY- Returns and return information shall be open for inspection by officers and employees of the Department of the Treasury whose official duties require such inspection or disclosure for the purpose of, and only to the extent necessary for, preparing economic or financial forecasts, projections, analyses, or estimates. Such inspection or disclosure shall be permitted only upon written request that sets forth the reasons why such inspection or disclosure is necessary and is signed by the head of the bureau or office of the Department of the Treasury requesting the inspection or disclosure.
Most of this is the standard, perhaps a bit overkill level of privacy that today’s Federal government requires virtually EVERYONE to adhere to for ANYTHING, like medical care and investing. If anyone has comments on this section feel free to add!
