ORDER NO.29753 ACCESS TO INFORMATION, DOCUMENTS OR RECORDS MAINTAINED BY INTERNAL REVENUE SERVICE AND WHICH RELATE TO KERB COUNTY Came to be heard this the 26th day of June, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 3-0-0 to: Take necessary steps to have the County Auditor and the County Judge authorized to have access to information, documents and records which are maintained by the Internal Revenue Service, and by the Social Security Administration, which relate to Kerr County. ag7s3 /'~ ~ COMMISSIONERS' COURT AGENDA REOUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Pat Tinley MEETING DATE: June 26, 2006 OFFICE: County Jud TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to authorize County Auditor and members of Commissioners' Court to have access to information, documents or records which are maintained by Internal Revenue Service and which relate to Kerr County. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: County Judge ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECENED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds your request being addressed at the earliest opportuniTy. See Agenda Request Rules Adopted by Commissioners' Court. In August, 2005, this or a similar agenda item was placed before the Court. At that time, the Treasurer stated that any IRS information needed by any member of the Court or the Auditor could be obtained through her by simply asking for that information. As a result, the Court deferred taking any action on the agenda item. As demonstrated by another agenda item I have made the request of the Treasurer for that type of information and have not obtained satisfactory results. Form V V `~ (Rev. April 2004) Department of the Treasury Tax Information Authorization - Do not use this form to request a copy or transcript of your tax return. Instead, use Form 4506 or Form 4506-T. For IRS Use Only PectlvM Ey unme TekVMne I I wztw~ oau / / Taxpayer name(s) ano address (type or print) Kerr County 700 Main Street Kerrville, Texas 78028 Name and address CAF No. Telephone No. -.--.__.......-------------- Fax No. ---------------~------------------ Check if new: Address ^ Telephone No. ^ Fax No. ^ 3 Tax matters. The appointee is authorized to inspect and/or receive confidential tax information in any office of the IRS for the tax matters listed on this line. Do not use Form 8821 to request copies of tax returns. (a) (Income, Employme to Excise, etc.) lb) Tax Form Numher (o) Year(s) or Period(s) Specifc Tax Matters (see instr.) or Civil Penalt (1040, 941, 720, etc.) (see the instructions for line 3) Levies, other filin! Em to ment 941 2003-200 Notices of late penalty6t Interest 4 Specific use not recorded on Centralized Authorization File (CAF). If the tax information authorization is for a specific use not recorded on CAF, check this box. See the instructions on page 3. If you check this box, skip lines 5 and 6 . - ^ 5 Disclosure of tax information (you must check a box on line Sa or Sb unless the box on line 4 is checked): a If you want copies of tax information, notices, and other written communications sent to the appointee on an ongoing basis, check this box . - 1$I to your appointee, check Retention/revocation of tax information authorizations. This tax information authorization automatically revokes all prior authorizations for the same tax matters you listed on line 3 above unless you checked the box on line 4. If you do not want to revoke a prior tax information authorization, you must attach a copy of any authorizations you want to remain in effect and check this box . - ^ To revoke this tax information authorization, see the instructions on page 3 7 Signature of taxpayer(s). If a tax matter applies to a joint return, either husband or wife must sign. If signed by a corporate officer, partner, guardian, executor, receiver, administrator, trustee, or party other than the taxpayer, I certify that I have the authority to execute this form with respect to the tax matters/periods on line 3 above. ~ IF NOT SIGNED AND DATED, THIS TAX INFORMATION AUTHORIZATION WILL BE RETURNED. Si Date Signature Pat Tinley County Judge Print Name Trtle ('rf applicable) ^ ^ ^ ^ ^ PIN number for electronic signature Date Prim Name TRIe (if applicable) ^ ^ ^ ^ ^ PIN number for electronic signature telephone number ;s For Privacy Act and Paperwork Reduction Act Notice, see page 4. Cat. No. 71596P Form 8821 (Rev. 4-2004) Form 8821 2. Pat Tinley, Kerr County Judge 700 Main, Room 101 Kemille, Texas 78028 Tommy Tomlinson, Kerr County Auditor 700 Main, Room 103 Kerrville, Texas 78028 CAF No .......................... Telephone No. 830/792-2212 Fax No. 830/792-2218 Check if new: Address _ Telephone No. _ Fax No. _ CAF No .......................... Telephone Co. 830/792-2237 Fax No. 830/792-2238 if new: Address _ Telephone No. _ Fax No. _ Form 8821 (Rev. 4-2004) General Instructions Section references are to the Internal Revenue Code unless otherwise noted. What's New Authorization to file Form 8821 electronically. Your appointee may be able to file Form 8821 with the IRS electronically. PIN number boxes have been added to the taxpayer's signature section. Entering a PIN number will give your appointee authority to file Form 8821 electronically using the PIN number as the electronic signature. You can use any five digits other than all zeroes as a PIN number. You may use the same PIN number that you used on other filings with the IRS. See Where To File on page 3 if completing Form 8821 only for this purpose. Purpose of Form Form 8821 authorizes any individual, corporation, firm, organization, or partnership you designate to inspect and/or receive your confidential information in any office of the IRS for the type of tax and the years or periods you list on Form 8821. You may file your own tax information authorization without using Form 8821, but it must include all the information that is requested on Form 8821. Where To File Chart Page 2 Form 8821 does not authorize your appointee to advocate your position with respect to the Federal tax laws; to execute waivers, consents, or closing agreements; or to otherwise represent you before the IRS. If you want to authorize an individual to represent you, use Form 2848, Power of Attorney and Declaration of Representative. Use Form 4506, Request for Copy of Tax Return, to get a copy of your tax return. Use new Form 4506-T, Request for Transcript of Tax Return, to order: (a) transcript of tax account information and (b) Form W-2 and Form 1099 series information. Use Form 56, Notice Concerning Fiduciary Relationship, to notify the IRS of the existence of a fiduciary relationship. A fiduciary (trustee, executor, administrator, receiver, or guardian) stands in the position of a taxpayer and acts as the taxpayer. Therefore, a fiduciary does not act as an appointee and should not file Form 8821. If a fiduciary wishes to authorize an appointee to inspect and/or receive confidential tax information on behalf of the fiduciary, Form 8821 must be filed and signed by the fiduciary acting in the position of the taxpayer. When To File Form 8821 must be received by the IRS within 60 days of the date it was signed and dated by the taxpayer. IF you live in ... THEN use this address ... Fax NumbeP Alabama, Arkansas, Connecticut, Delaware, Internal Revenue Service 901-546-4115 District of Columbia, Florida, Georgia, Memphis Accounts Management Center Illinois, Indiana, Kentucky, Louisiana, Maine, Stop 8423 Maryland, Massachusetts, Michigan, 5333 Getwell Road Mississippi, New Hampshire, New Jersey, Memphis, TN 38118 New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, or West Virginia Alaska, Arizona, California, Colorado, Internal Revenue Service 801-620-4249 Hawaii, Idaho, Iowa, Kansas, Minnesota, Ogden Accounts Management Center Missouri, Montana, Nebraska, Nevada, 1973 N. Rulon White Blvd. New Mexico, North Dakota, Oklahoma, Mail Stop 6737 Oregon, South Dakota, Texas, Utah, Ogden, UT 84404 Washington, Wisconsin, or Wyoming All APO and FPO addresses, American Internal Revenue Service 215-516-1017 Samoa, nonpermanent residents of Guam Philadelphia Accounts Management Center or the Virgin Islands**, Puerto Rico (or if DPSW 312 excluding income under Internal Revenue 11601 Roosevelt Blvd. Code section 933), a foreign country: Philadelphia, PA 19255 U.S. citizens and those filing Form 2555, 2555-EZ, or 4563. *These numbers may change without notice. **Permanent residents of Guam should use Department of Taxation, Government of Guam, P.O. Box 23607, GMF, GU 96921; permanent residents of the Virgin Islands should use: V.I. Bureau of Internal Revenue, 9601 Estate Thomas Charlotte Amaile, St. Thomas, V.I. 00802. Form 8821 (Rev. 4-2004) Page 3 Where To File Generally, mail or fax Form 8821 directly to the IRS. See the Where To File Chart on page 2. Exceptions are listed below. • If Form 8821 is for a specific tax matter, mail or fax it to the office handling that matter. For more information, see the instructions for line 4. • If you complete Form 8821 only for the purpose of electronic signature authorization, do not file Form 8821 with the IRS. Instead, give it to your appointee, who will retain the document. Revocation of an Existing Tax Information Authorization If you want to revoke an existing tax information authorization and do not want to name a new appointee, send a copy of the previously executed tax information authorization to the IRS, using the Where To File Chart on page 2. The copy of the tax information authorization must have a current signature of the taxpayer under the original signature on line 7. Write "REVOKE" across the top of Form 8821. If you do not have a copy of the tax information authorization you want to revoke, send a statement to the IRS. The statement of revocation must indicate that the authority of the tax information authorization is revoked, list the tax matters, must be signed and dated by the taxpayer, and list the name and address of each recognized appointee whose authority is revoked. To revoke a specific use tax information authorization, send the tax information authorization or statement of revocation to the IRS office handling your case, using the above instructions. Taxpayer Identification Numbers (TINs) TINS are used to identify taxpayer information with corresponding tax returns. It is important that you furnish correct names, social security numbers (SSNs), individual taxpayer identification numbers (ITINs), or employer identification numbers (EINs) so that the IRS can respond to your request. Partnership Items Sections 6221-6234 authorize a Tax Matters Partner to perform certain acts on behalf of an affected partnership. Rules governing the use of Form 8821 do not replace any provisions of these sections. Specific Instructions Line 1. Taxpayer Information Individuals. Enter your name, TIN, and your street address in the space provided. Do not enter your appointee's address or post office box. If a joint return is used, also enter your spouse's name and TIN. Also enter your EIN if applicable. Corporations, partnerships, or associations. Enter the name, EIN, and business address. Employee plan. Enter the plan name, EIN of the plan sponsor, three-digit plan number, and business address of the plan sponsor. Trust. Enter the name, title, and address of the trustee, and the name and EIN of the trust. Estate. Enter the name, title, and address of the decedent's executor/personal representative, and the name and identification number of the estate. The identification number for an estate includes both the EIN, if the estate has one, and the decedent's TIN. Line 2. Appointee Enter your appointee's full name. Use the identical full name on all submissions and correspondence. Enter the nine-digit CAF number for each appointee. If an appointee has a CAF number for any previously filed Form 8821 or power of attorney (Form 2848), use that number. If a CAF number has not been assigned, enter "NONE," and the IRS will issue one directly to your appointee. The IRS does not assign CAF numbers to requests for employee plans and exempt organizations. If you want to name more than one appointee, indicate so on this line and attach a list of appointees to Form 8821. Check the appropriate box to indicate if either the address, telephone number, or fax number is new since a CAF number was assigned. Line 3. Tax Matters Enter the type of tax, the tax form number, the years or periods, and the specific tax matter. Enter "Not applicable," in any of the columns that do not apply. For example, you may list "Income tax, Form 1040" for calendar year "2003" and "Excise tax, Form 720" for the "1st, 2nd, 3rd, and 4th quarters of 2003." For multiple years, you may list "2001 through (thru or a dash (-)) 2003" for an income tax return; for quarterly returns, list "1st, 2nd, 3rd, and 4th quarters of 2001 through 2002" (or 2nd 2002 - 3rd 2003). For fiscal years, enter the ending year and month, using the YYYYMM format. Do not use a general reference such as "All years,""All periods," or "All taxes." Any tax information authorization with a general reference will be returned. You may list any tax years or periods that have already ended as of the date you sign the tax information authorization. Also, you may include on a tax information authorization future tax periods that end no later than 3 years after the date the tax information authorization is received by the IRS. The 3 future periods are determined starting after December 31 of the year the tax information authorization is received by the IRS. You must enter the type of tax, the tax form number, and the future year(s) or period(s). If the matter relates to estate tax, enter the date of the decedent's death instead of the year or period. In column (d), enter any specific information you want the IRS to provide. Examples of column (d) information are: lien information, a balance due amount, a specific tax schedule, or a tax liability. For requests regarding Form 8802, Application for United States Residency Certification, enter "Form 8802" in column (d) and check the specific use box on line 4. Also, enter the appointee's information as instructed on Form 8802. Form 8821 (Rev. 4-2004) Line 4. Specific Use Not Recorded on CAF Generally, the IRS records all tax information authorizations on the CAF system. However, authorizations relating to a specific issue are not recorded. Check the box on line 4 if Form 8821 is filed for any of the following reasons: (a) requests to disclose information to loan companies or educational institutions, (b) requests to disclose information to Federal or state agency investigators for background checks, (c) application for EIN, or (d) claims filed on Form 843, Claim for Refund and Request for Abatement. If you check the box on line 4, your appointee should mail or fax Form 8821 to the IRS office handling the matter. Otherwise, your appointee should bring a copy of Form 8821 to each appointment to inspect or receive information. A specific-use tax information authorization will not revoke any prior tax information authorizations. Line 6. Retention/Revocation of Tax Information Authorizations Check the box on this line and attach a copy of the tax information authorization you do not want to revoke. The filing of Form 8821 will not revoke any Form 2848 that is in effect. Line 7. Signature of Taxpayer(s) Individuals. You must sign and date the authorization. Either husband or wife must sign if Form 8821 applies to a joint return. Corporations. Generally, Form 8821 can be signed by: (a) an officer having legal authority to bind the corporation, (b) any person designated by the board of directors or other governing body, (c) any officer or employee on written request by any principal officer and attested to by the secretary or other officer, and (d) any other person authorized to access information under section 6103(e). Partnerships. Generally, Form 8821 can be signed by any person who was a member of the partnership during any part of the tax period covered by Form 8821. See Partnership Items on page 3. All others. See section 6103(e) if the taxpayer has died, is insolvent, is a dissolved corporation, or if a trustee, guardian, executor, receiver, or administrator is acting for the taxpayer. Page Q Privacy Act and Paperwork Reduction Act Notice We ask for the information on this form to carry out the Internal Revenue laws of the United States. Form 8821 is provided by the IRS for your convenience and its use is voluntary. If you designate an appointee to inspect and/or receive confidential tax information, you are required by section 6103(c) to provide the information requested on Form 8821. Under section 6109, you must disclose your social security number (SSN), employer identification number (EIN), or individual taxpayer identification number (ITIN). If you do not provide all the information requested on this form, we may not be able to honor the authorization. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation, and to cities, states, and the District of Columbia for use in administering their tax laws. We may also give this information to other countries pursuant to tax treaties. We may also disclose this information to Federal and state agencies to enforce Federal nontax criminal laws and to combat terrorism. The authority to disclose information to combat terrorism expired on December 31, 2003. Legislation is pending that would reinstate this authority. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. The time needed to complete and file this form will vary depending on individual circumstances. The estimated average time is: Recordkeeping, 6 min.; Learning about the law or the form, 12 min.; Preparing the form, 24 min.; Copying and sending the form to the IRS, 20 min. If you have comments concerning the accuracy of these time estimates or suggestions for making Form 8821 simpler, we would be happy to hear from you. You can write to the Tax Products Coordinating Committee, Western Area Distribution Center, Rancho Cordova, CA 95743-0001. Do not send Form 8821 to this address. Instead, see the Where To File Chart on page 2. O I~• For IRS Uae Ony Form 8~L 1 Tax Information Authorization Receive~oy (Rev. April 2004) - Do not use this form to request a copy or transcript of your tax return. Ram Department of [he Treasury Instead, use Form 4506 or Form 4506-T. T~'an~e 1 1 Internal Revenue Service runaicn a list to this form. 1 Taxpayer information. Taxpa er(s) must si nand date this form on line 7. Taxpayer name(s) and atldress (type or print) Social security number(s) Employer identification number number (if 2 Appointee. If Name and address fou wish to name more than one a CAF No. ----------------- ----------- Telephone No. _--...- .-...-._...--- Fax No. ----------P--------- ------ Check if new: Address ^ Tele hone No. ^ Fax No. ^ 3 Tax matters. The appointee is authorized to inspect and/or receive confidential tax information in any offce of the IRS for me tax matters listed nn this line. Do not use Form 8821 to request copies of tax returns. a Type(of Tax (Income, Employment, Excise, etc.) or Civil Penal Tax Form)NUmber (t 040, 941, 720, etc.) Year(s) orc Period(s) (see the instructions for line 3) (d) Specific Tax Matters (see instr.) 4 Spec"rfic use not recorded on Cerdralized Authorization File (CAF). If the tax information authorization is for a specific use not recorded on CAF, check this box. See the instructions on page 3. If you check this box, skip lines 5 and 6 . - ^ 5 Disclosure of tax information (you must check a box on line Sa or 5b unless the box on line 4 is checked): a If you want copies of tax information, notices, and other written communications sent to the appointee on an ongoing basis, check this box . - ^ b If you do not want any copies of notices or communications sent to your appointee, check this box - ^ 6 Retention/revocation of tax information authorizations. This tax information authorization automatically revokes all prior authorizations for the same tax matters you listed on line 3 above unless you checked the box on line 4. If you do not want to revoke a prior tax information authorization, you must attach a copy of any authorizations you want to remain in effect and check this box . - ^ To revoke this tax information authorization, see the instructions on page 3. 7 Signature of taxpayer(s). If a tax matter applies to a joint return, either husband or wife must sign. If signed by a corporate officer, partner, guardian, executor, receiver, administrator, trustee, or party other than the taxpayer, I certify that I have the authority to execute this form with respect to the tax matters/periods on line 3 above. ~ IF NOT SIGNED AND DATED, THIS TAX INFORMATION AUTHORIZATION WILL BE RETURNED. Signature Date Signature Date Print Name Title (if applicable) ^ ^ ^ ^ ^ PIN number for electronic signature Print Name Tttle ('rf applicable) ^ ^ ^ ^ ^ PIN number for electronic signature For Privacy Aet and Paperwork Reduction Act Notice, see page 4. Cat. No. 1t596P f=orm 8821 (Rev. 4-2004)