Maryland 2022 Regular Session

Maryland House Bill HB366 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0366
9	6
10	7		HOUSE BILL 366
11	8		Q7 2lr0620
12		-	CF ~~SB 477~~
	9	+	CF 2lr0769
13	10		By: Delegate Lierman
14	11		Introduced and read first time: January 19, 2022
15	12		Assigned to: Ways and Means
16		-	Committee Report: Favorable with amendments
17		-	House action: Adopted
18		-	Read second time: February 22, 2022
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Office of the Comptroller – Legal Division and Private Letter Ruling Procedures 2
25	19
26	20		FOR the purpose of establishing a Legal Division in the Office of the Comptroller to provide 3
27	21		certain guidance to taxpayers and perform other duties relating to private letter 4
28	22		rulings as assigned by the Comptroller; requiring the Comptroller to issue certain 5
29	23		private letter rulings on the request of a person, except under certain circumstances; 6
30	24		authorizing the Comptroller to deny a private letter ruling request under certain 7
31	25		circumstances and establishing procedures for the denial; authorizing a person to 8
32	26		withdraw a private letter ruling request under certain circumstances; establishing, 9
33	27		subject to certain exceptions, the circumstances under which a private letter ruling 10
34	28		binds the Comptroller or may be relied on by a person; requiring the Comptroller to 11
35	29		publish certain private letter rulings on the Comptroller’s website in a certain 12
36	30		manner under certain circumstances; and generally relating to the Office of the 13
37	31		Comptroller and private letter rulings. 14
38	32
39	33		BY adding to 15
40	34		Article – Tax – General 16
41	35		Section 2–102.1; and 13–1A–01 through 13–1A–05 to be under the new subtitle 17
42	36		“Subtitle 1A. Private Letter Rulings” 18
43	37		Annotated Code of Maryland 19
44	38		(2016 Replacement Volume and 2021 Supplement) 20
45	39
46	40		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
47	41		That the Laws of Maryland read as follows: 22
48		-	2 HOUSE BILL 366
49	42
	43	+	Article – Tax – General 23
50	44
51		-	~~Article – Tax – General 1~~
	45	+	2–102.1. 24
52	46
53		-	2–102.1. 2
54		-
55		-	(A) THERE IS A LEGAL DIVISION IN THE OFFICE OF THE COMPTROLLER . 3
56		-
57		-	(B) (1) THE HEAD OF THE LEGAL DIVISION IS THE DIRECTOR. 4
58		-
59		-	(2) SUBJECT TO THE SUPERV ISION OF THE COMPTROLLER , THE 5
60		-	DIRECTOR HAS ADMINIST RATIVE CONTROL OF TH E LEGAL DIVISION. 6
61		-
62		-	(C) (1) THE DIRECTOR SHALL APPOIN T OTHER OFFICERS AND 7
63		-	EMPLOYEES OF THE LEGAL DIVISION IN ACCORDANC E WITH THE PROVISION S OF 8
64		-	THE STATE PERSONNEL AND PENSIONS ARTICLE, INCLUDING A MINIMUM OF SIX 9
65		-	ATTORNEYS. 10
66		-
67		-	(2) OFFICERS AND EMPLOYEE S OF THE LEGAL DIVISION ARE 11
68		-	ENTITLED TO A SALARY AS PROVIDED IN THE STATE BUDGET . 12
69		-
70		-	(D) THE LEGAL DIVISION SHALL: 13
71		-
72		-	(1) PROVIDE EXPANDED AND DETAILED TAX GUIDANC E TO 14
73		-	TAXPAYERS, INCLUDING PRIVATE LE TTER RULINGS; AND 15
74		-
75		-	(2) PERFORM OTHER RELATE D DUTIES AS ASSIGNED BY THE 16
76		-	COMPTROLLER I N ACCORDANCE WITH TITLE 13, SUBTITLE 1A OF THIS ARTICLE . 17
77		-
78		-	SUBTITLE 1A. PRIVATE LETTER RULINGS. 18
79		-
80		-	13–1A–01. 19
81		-
82		-	IN THIS SUBTITLE , “PRIVATE LETTER RULIN G” MEANS A WRITTEN 20
83		-	DETERMINATION ISSUED BY THE COMPTROLLER ON THE AP PLICATION OF TAX LAW S 21
84		-	AND REGULATIONS UND ER THIS ARTICLE TO A SPECIFIC SET OF FACT S THAT IS 22
85		-	INTENDED TO APPLY ON LY TO THAT SPECIFIC SET OF FACTS. 23
86		-
87		-	13–1A–02. 24
88		-
89		-	(A) (1) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, THE 25
90		-	COMPTROLLER SHALL ISS UE A PRIVATE LETTER RULING ON THE WRITTE N REQUEST 26
91		-	OF A PERSON AS SOON AS PRACTICABLE AFTER THE DATE ON WHICH TH E 27
92		-	COMPTROLLER RECEIVED THE WRITTEN REQUEST . 28
93		-
94		-	(2) (I) A PERSON REQUESTING A PRIVATE LETTER RULIN G SHALL 29
95		-	INCLUDE IN THE WRITT EN REQUEST A STATEME NT AS TO WHETHER THE PERSON IS 30 HOUSE BILL 366 3
96		-
97		-
98		-	THE SUBJECT OF AN O NGOING TAXATION MATT ER, INCLUDING AN AUDIT , A CLAIM 1
99		-	FOR REFUND , A TAX PROTEST , OR AN APPEAL TO THE TAX COURT OR ANY OTHER 2
100		-	COURT WITH JURISDICT ION OVER THE MATTER . 3
101		-
102		-	(II) IF THE PERSON IS THE SUBJECT OF AN ONGOIN G TAXATION 4
103		-	MATTER, THE STATEMENT REQUIR ED UNDER THIS PARAGRAPH SHALL INCLUDE ANY 5
104		-	RELEVANT CASE NUMBER S OR OTHER IDENTIFYI NG INFORMATION . 6
105		-
106		-	(B) (1) THE COMPTROLLER , AS APPROPRIATE , MAY REQUEST 7
107		-	ADDITIONAL INFORMATI ON FROM THE PERSON R EQUESTING THE PRIVAT E LETTER 8
108		-	RULING. 9
109		-
110		-	(2) THE PERSON SHALL SUBM IT THE INFORMATION T O THE 10
111		-	COMPTROLLER WITHIN 30 DAYS AFTER THE DATE ON WHICH THE PERSON RECEIVES 11
112		-	THE COMPTROLLER ’S REQUEST UNDER THIS SUBSECTION. 12
113		-
114		-	(C) (1) THE COMPTROLLER MAY DENY A REQUEST FOR A PRIV ATE 13
115		-	LETTER RULING FOR GO OD CAUSE, INCLUDING: 14
116		-
117		-	(I) THE ISSUE IS THE SUBJE CT OF EXISTING GUIDA NCE TO 15
118		-	TAXPAYERS PUBLISHED BY THE COMPTROLLER ; 16
119		-
120		-	(II) THE PERSON DID NOT T IMELY SUBMIT THE ADD ITIONAL 17
121		-	INFORMATION REQUESTE D BY THE COMPTROLLER IN ACCORD ANCE WITH 18
122		-	SUBSECTION (B) OF THIS SECTION; 19
123		-
124		-	(III) THE ISSUE IDENTIFIED IN THE RE QUEST: 20
125		-
126		-	1. IS UNDER EXTENSIVE S TUDY OR REVIEW ; OR 21
127		-
128		-	2. IS CURRENTLY BEING C ONSIDERED IN A RULEM AKING 22
129		-	PROCEDURE , CONTESTED CASE , OR ANY OTHER AGENCY OR JUDICIAL PROCEEDI NG 23
130		-	THAT MAY RESOLVE THE ISSUE; 24
131		-
132		-	(IV) THE REQUEST INVOLVES A HYPOTHETICAL SITUA TION OR 25
133		-	ALTERNATIVE PLANS ; 26
134		-
135		-	(V) THE TRANSACTION FOR WHICH THE PRIVATE LE TTER 27
136		-	RULING IS REQUESTED IS DESIGNED TO AVOID TAXATION; 28
137		-
138		-	(VI) THE FACTS OR ISSUES IDENTIFIED IN THE RE QUEST ARE 29
139		-	UNCLEAR, OVERBROAD , INSUFFICIENT, OR OTHERWISE INAPPRO PRIATE AS A BASIS 30
140		-	ON WHICH TO ISSUE A PRIVATE LETTER RULIN G; OR 31
141		-	4 HOUSE BILL 366
142		-
143		-
144		-	(VII) THE REQUEST IS TO DE TERMINE WHETHER A ST ATUTE IS 1
145		-	CONSTITUTIONAL UNDER THE MARYLAND CONSTITUTION OR THE UNITED STATES 2
146		-	CONSTITUTION; 3
147		-
148		-	(VIII) THE ISSUE IS CLEARLY AND ADEQUATELY ADDRE SSED BY 4
149		-	STATUTE, REGULATION , OR COURT DECISION ; OR 5
150		-
151		-	(IX) THE ISSUE INVOLVES T HE TAX CONSEQUENCE O F ANY 6
152		-	PROPOSED BUT NOT YET ENACTED FEDERAL , STATE, OR LOCAL LEGISLATION . 7
153		-
154		-	(2) IF THE COMPTROLLER DENIES A REQUEST FOR A PRIVAT E 8
155		-	LETTER RULING UNDER THIS SECTION, THE COMPTROLLER SHALL NOT IFY THE 9
156		-	PERSON IN WRITING : 10
157		-
158		-	(I) OF THE REASONS FOR T HE DENIAL AND WHY TH OSE 11
159		-	REASONS CONSTITUTE G OOD CAUSE; AND 12
160		-
161		-	(II) WITHIN 60 DAYS AFTER THE DATE ON WHICH THE REQUEST 13
162		-	WAS SUBMITTED TO THE COMPTROLLER . 14
163		-
164		-	(D) A PERSON MAY WITHDRAW , IN WRITING, THE REQUEST FOR A PR IVATE 15
165		-	LETTER RULING AT ANY TIME BEFORE THE ISSU ANCE OF THE PRIVATE LETTER 16
166		-	RULING UNDER THIS SE CTION. 17
167		-
168		-	13–1A–03. 18
169		-
170		-	(A) A PRIVATE LETTER RULIN G ISSUED UNDER THIS SUBTITLE MAY BE 19
171		-	RELIED ON SOLELY AND PROSPECTIVELY BY THE PERSON FOR WHOM THE PRIVATE 20
172		-	LETTER RULING IS REQ UESTED UNLESS THERE IS AN INTERVENING ST ATUTORY OR 21
173		-	REGULATORY CHANGE OR THE PRIVATE LETTER R ULING IS REVOKED BY THE 22
174		-	COMPTROLLER . 23
175		-
176		-	(B) A PRIVATE LETTER RULIN G IS BINDING ON THE COMPTROLLER FOR A 24
177		-	PERIOD OF 3 7 YEARS UNLESS : 25
178		-
179		-	(1) THERE HAS BEEN A MIS STATEMENT OR OMISSIO N OF MATERIAL 26
180		-	FACTS IN THE REQUEST ; 27
181		-
182		-	(2) THE ACTUAL FACTS ARE DETERMINED TO B E MATERIALLY 28
183		-	DIFFERENT FROM THE F ACTS ON WHICH THE PR IVATE LETTER RULING WAS BASED; 29
184		-
185		-	(3) THERE HAS BEEN A CHA NGE IN LAW OR A FINA L DECISION IN A 30
186		-	CONTESTED CASE THAT THE COMPTROLLER DETERMINE S AFFECTS THE VALIDI TY 31
187		-	OF THE PRIVATE LETTE R RULING; OR 32 HOUSE BILL 366 5
	47	+	(A) THERE IS A LEGAL DIVISION IN THE OFFICE OF THE COMPTROLLER . 25 2 HOUSE BILL 366
188	48
189	49
190	50
191		-	(4) THE COMPTROLLER HAS MODIF IED OR REVOKED THE P RIVATE 1
192		-	LETTER RULING . 2
	51	+	(B) (1) THE HEAD OF THE LEGAL DIVISION IS THE DIRECTOR. 1
193	52
194		-	(C) ~~AN UNFAVORABLE PRIVAT E LETTER RULING DOES NOT BIND~~ THE 3
195		-	~~PERSON FOR WHOM THE PRIVATE LETTER RULIN G WAS REQUESTED~~ . 4
	53	+	(2) SUBJECT TO THE SUPERV ISION OF THE COMPTROLLER , THE 2
	54	+	DIRECTOR HAS ADMINIST RATIVE CONTROL OF TH E LEGAL DIVISION. 3
196	55
197		-	(D) THE ~~MODIFICATION OR R EVOCATION OF A PRIVA TE LETTER RULING BY 5~~
198		-	THE ~~COMPTROLLER MAY NOT B~~ E ~~APPLIED RETROACTIV ELY TO TAXABLE PERIO DS 6~~
199		-	~~OR TAXABLE YEARS BEF ORE~~ THE ~~EFFECTIVE DA TE~~ OF ~~THE MODIFICATI ON OR 7~~
200		-	~~REVOCATION~~ . 8
	56	+	(C) (1) THE DIRECTOR SHALL APPOIN T OTHER OFFICERS AND 4
	57	+	EMPLOYEES OF THE LEGAL DIVISION IN ACCORDANC E WITH THE PROVISIONS OF 5
	58	+	THE STATE PERSONNEL AND PENSIONS ARTICLE, INCLUDING A MINIMUM OF SI X 6
	59	+	ATTORNEYS. 7
201	60
202		-	13–1A–04. 9
	61	+	(2) OFFICERS AND EMPLOYEES OF THE LEGAL DIVISION ARE 8
	62	+	ENTITLED TO A SALARY AS PROVIDED IN THE STATE BUDGET . 9
203	63
204		-	(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , THE COMPTROLLER 10
205		-	SHALL PUBLISH PERIOD ICALLY ON THE COMPTROLLER ’S WEBSITE COPIES OF 11
206		-	PRIVATE LETTER RULIN GS THAT THE COMPTROLLER DETERMINE S TO BE OF 12
207		-	INTEREST TO THE GENE RAL PUBLIC. 13
	64	+	(D) THE LEGAL DIVISION SHALL: 10
208	65
209		-	(B) THE COMPTROLLER SHALL RED ACT PERSONALLY IDENTIFIA BLE 14
210		-	INFORMATION IN A PUB LISHED PRIVATE LETTE R RULING IN ORDER TO ENSURE THE 15
211		-	CONFIDENTIALITY OF A NY PERSON THAT IS TH E SUBJECT OF THE PRI VATE LETTER 16
212		-	RULING. 17
	66	+	(1) PROVIDE EXPANDED AND DETAILED TAX GUIDANCE TO 11
	67	+	TAXPAYERS, INCLUDING PRIVATE LE TTER RULINGS; AND 12
213	68
214		-	13–1A–05. 18
	69	+	(2) PERFORM OTHER RELATED DUTIES AS ASSIGNED B Y THE 13
	70	+	COMPTROLLER IN ACCORDANCE WITH TITLE 13, SUBTITLE 1A OF THIS ARTICLE. 14
215	71
216		-	THE COMPTROLLER SHALL ADO PT REGULATIONS NECES SARY TO CARRY OUT 19
217		-	THE PROVISIONS OF THIS S UBTITLE, INCLUDING REGULATION S THAT ESTABLISH : 20
	72	+	SUBTITLE 1A. PRIVATE LETTER RULINGS. 15
218	73
219		-	(1) THE PROCEDURE , FORM, AND TIME PERIODS FOR SUBMITTING A 21
220		-	REQUEST FOR A PRIVAT E LETTER RULING ; 22
	74	+	13–1A–01. 16
221	75
222		-	(2) THE TERMS AND CONDIT IONS UNDER WHICH A P RIVATE LETTER 23
223		-	RULING MAY BE REVOKE D OR MODIFIED; 24
	76	+	IN THIS SUBTITLE , “PRIVATE LETTER RULIN G” MEANS A WRITTEN 17
	77	+	DETERMINATION ISSUED BY THE COMPTROLLER ON THE AP PLICATION OF TAX LAW S 18
	78	+	AND REGULATIONS UNDE R THIS ARTICLE TO A SPECIFIC SET OF FACT S THAT IS 19
	79	+	INTENDED TO APPLY ON LY TO THAT SPEC IFIC SET OF FACTS. 20
224	80
225		-	(3) THE LIMITATIONS ON T HE APPLICABILITY OF A PRIVATE LETTER 25
226		-	RULING TO SPECIFIC P ERSONS, TRANSACTIONS , FACTUAL CIRCUMSTANCE S, AND 26
227		-	TIME PERIODS; 27
	81	+	13–1A–02. 21
228	82
229		-	(4) THE CIRCUMSTANCES UN DER WHICH A REQUEST FOR A PRIVATE 28
230		-	LETTER RULING MAY BE DENIED BY THE COMPTROLLER FOR GOOD CAUS E; AND 29
	83	+	(A) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , THE 22
	84	+	COMPTROLLER SHALL ISS UE A PRIVATE LETTER RULING ON THE WRITTE N REQUEST 23
	85	+	OF A PERSON AS SOON AS PRACTICAB LE AFTER THE DATE ON WH ICH THE 24
	86	+	COMPTROLLER RECEIVED THE WRITTEN REQUEST . 25
231	87
232		-	(5) GUIDELINES FOR THE P UBLICATION OF PRIVAT E LETTER 30
233		-	RULINGS. 31 6 HOUSE BILL 366
	88	+	(B) (1) THE COMPTROLLER , AS APPROPRIATE , MAY REQUEST 26
	89	+	ADDITIONAL INFORMATI ON FROM THE PERSON R EQUESTING THE PRIVAT E LETTER 27
	90	+	RULING. 28
	91	+
	92	+	(2) THE PERSON SHALL SUBM IT THE INFORMATION T O THE 29 HOUSE BILL 366 3
	93	+
	94	+
	95	+	COMPTROLLER WITHIN 30 DAYS AFTER THE DATE ON WHICH THE P ERSON RECEIVES 1
	96	+	THE COMPTROLLER ’S REQUEST UNDER THIS SUBSECTION. 2
	97	+
	98	+	(C) (1) THE COMPTROLLER MAY DENY A REQUEST FOR A PRIV ATE 3
	99	+	LETTER RULING FOR GO OD CAUSE, INCLUDING: 4
	100	+
	101	+	(I) THE ISSUE IS THE SUB JECT OF EXISTING GUIDANCE TO 5
	102	+	TAXPAYERS PUBLISHED BY THE COMPTROL LER; 6
	103	+
	104	+	(II) THE PERSON DID NOT TIMEL Y SUBMIT THE ADDITIO NAL 7
	105	+	INFORMATION REQUESTE D BY THE COMPTROLLER IN ACCORD ANCE WITH 8
	106	+	SUBSECTION (B) OF THIS SECTION; 9
	107	+
	108	+	(III) THE ISSUE IDENTIFIED IN THE REQUEST : 10
	109	+
	110	+	1. IS UNDER EXTENSIVE S TUDY OR REVIEW ; OR 11
	111	+
	112	+	2. IS CURRENTLY BEING C ONSIDERED IN A RULEM AKING 12
	113	+	PROCEDURE , CONTESTED CASE , OR ANY OTHER AGENCY OR JUDICIAL PROCEEDI NG 13
	114	+	THAT MAY RESOLVE THE ISSUE; 14
	115	+
	116	+	(IV) THE REQUEST INVOLVES A HYPOTHETICAL SITUA TION OR 15
	117	+	ALTERNATIVE PLANS ; 16
	118	+
	119	+	(V) THE TRANSACTION FOR WHICH T HE PRIVATE LETTER 17
	120	+	RULING IS REQUESTED IS DESIGNED TO AVOID TAXATION; 18
	121	+
	122	+	(VI) THE FACTS OR ISSUES IDENTIFIED IN THE RE QUEST ARE 19
	123	+	UNCLEAR, OVERBROAD , INSUFFICIENT, OR OTHERWISE INAPPRO PRIATE AS A BASIS 20
	124	+	ON WHICH TO ISSUE A PRIVATE LETTER RULING ; OR 21
	125	+
	126	+	(VII) THE REQUEST IS TO DE TERMINE WHETHER A ST ATUTE IS 22
	127	+	CONSTITUTIONAL UNDER THE MARYLAND CONSTITUTION OR THE UNITED STATES 23
	128	+	CONSTITUTION. 24
	129	+
	130	+	(2) IF THE COMPTROLLER DENIES A REQUEST FOR A PRIVAT E 25
	131	+	LETTER RULING UNDER THIS SECTION, THE COMPTROLLER SHALL NOT IFY THE 26
	132	+	PERSON IN WRITING : 27
	133	+
	134	+	(I) OF THE REASONS FOR T HE DENIAL AND WHY TH OSE 28
	135	+	REASONS CONSTITUTE G OOD CAUSE; AND 29
	136	+
	137	+	(II) WITHIN 60 DAYS AFTER THE DATE ON WHICH THE REQUEST 30 4 HOUSE BILL 366
	138	+
	139	+
	140	+	WAS SUBMITTED TO THE COMPTROLLER . 1
	141	+
	142	+	(D) A PERSON MAY WITHDRAW , IN WRITING, THE REQUEST FOR A PRIVATE 2
	143	+	LETTER RULING AT ANY TIME BEFORE THE ISSU ANCE OF THE PRIVATE LETTER 3
	144	+	RULING UNDER THIS SE CTION. 4
	145	+
	146	+	13–1A–03. 5
	147	+
	148	+	(A) A PRIVATE LETTER RULIN G ISSUED UNDER THIS SUBTITLE MAY BE 6
	149	+	RELIED ON SOLELY AND PROSPECTIVELY BY THE PERSON FOR WHOM THE PRIVATE 7
	150	+	LETTER RULING IS REQUESTED UNLESS THERE IS AN I NTERVENING STATUTORY OR 8
	151	+	REGULATORY CHANGE OR THE PRIVATE LETTER R ULING IS REVOKED BY THE 9
	152	+	COMPTROLLER . 10
	153	+
	154	+	(B) A PRIVATE LETTER RULIN G IS BINDING ON THE COMPTROLLER FOR A 11
	155	+	PERIOD OF 3 YEARS UNLESS: 12
	156	+
	157	+	(1) THERE HAS BEEN A MIS STATEMENT OR OMISSIO N OF MATERIAL 13
	158	+	FACTS IN THE REQUEST ; 14
	159	+
	160	+	(2) THE ACTUAL FACTS ARE DETERMINED TO BE MAT ERIALLY 15
	161	+	DIFFERENT FROM THE F ACTS ON WHICH THE PR IVATE LETTER RULING WAS BASED; 16
	162	+
	163	+	(3) THERE HAS BEEN A CHA NGE IN LAW OR A FINA L DECISION IN A 17
	164	+	CONTESTED CASE THAT THE COMPTROLLER DETERMINE S AFFECTS THE VALIDI TY 18
	165	+	OF THE PRIVATE LETTE R RULING; OR 19
	166	+
	167	+	(4) THE COMPTROLLER HAS MODIF IED OR REVOKED THE P RIVATE 20
	168	+	LETTER RULING . 21
	169	+
	170	+	(C) AN UNFAVORABLE PRIVAT E LETTER RULING DOES NOT BIND THE 22
	171	+	PERSON FOR WHOM THE PRIVATE LETTER RULING WAS RE QUESTED. 23
	172	+
	173	+	(D) THE MODIFICATION OR R EVOCATION OF A PRIVA TE LETTER RULING BY 24
	174	+	THE COMPTROLLER MAY NOT B E APPLIED RETROACTIV ELY TO TAXABLE PERIO DS 25
	175	+	OR TAXABLE YEARS BEF ORE THE EFFECTIVE DA TE OF THE MODIFICATI ON OR 26
	176	+	REVOCATION. 27
	177	+
	178	+	13–1A–04. 28
	179	+
	180	+	(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , THE COMPTROLLER 29
	181	+	SHALL PUBLISH PERIOD ICALLY ON THE COMPTROLLER ’S WEBSITE COPIES OF 30
	182	+	PRIVATE LETTER RULIN GS THAT THE COMPTROLLER DETERMINE S TO BE OF 31
	183	+	INTEREST TO THE GENE RAL PUBLIC. 32 HOUSE BILL 366 5
234	184
235	185
236	186
237		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
238		-	1, 2022. 2
	187	+	(B) THE COMPTROLLER SHALL RED ACT PERSONALLY IDENT IFIABLE 1
	188	+	INFORMATION IN A PUB LISHED PRIVATE LETTE R RULING IN ORDER TO ENSURE THE 2
	189	+	CONFIDENTIALITY OF A NY PERSON THAT IS TH E SUBJECT OF THE PRI VATE LETTER 3
	190	+	RULING. 4
239	191
	192	+	13–1A–05. 5
240	193
	194	+	THE COMPTROLLER SHALL ADO PT REGULATIONS N ECESSARY TO CARRY OU T 6
	195	+	THE PROVISIONS OF TH IS SUBTITLE, INCLUDING REGULATION S THAT ESTABLISH : 7
241	196
	197	+	(1) THE PROCEDURE , FORM, AND TIME PERIODS FOR SUBMITTING A 8
	198	+	REQUEST FOR A PRIVAT E LETTER RULING ; 9
242	199
	200	+	(2) THE TERMS AND CONDIT IONS UNDER WHICH A P RIVATE LETTER 10
	201	+	RULING MAY BE REVOKED O R MODIFIED; 11
243	202
244		-	Approved:
245		-	________________________________________________________________________________
246		-	Governor.
247		-	________________________________________________________________________________
248		-	Speaker of the House of Delegates.
249		-	________________________________________________________________________________
250		-	President of the Senate.
	203	+	(3) THE LIMITATIONS ON T HE APPLICABILITY OF A PRIVATE LETTER 12
	204	+	RULING TO SPECIFIC P ERSONS, TRANSACTIONS , FACTUAL CIRCUMSTANCE S, AND 13
	205	+	TIME PERIODS; 14
	206	+
	207	+	(4) THE CIRCUMSTANCES UN DER WHICH A REQUEST FOR A PRIVATE 15
	208	+	LETTER RULING MAY BE DENIED BY THE COMPTROLLER FOR GOOD CAUSE; AND 16
	209	+
	210	+	(5) GUIDELINES FOR THE PUBLICATION OF PRIVA TE LETTER 17
	211	+	RULINGS. 18
	212	+
	213	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 19
	214	+	1, 2022. 20
	215	+