26-51-813. Reports and returns — Confidentiality — Exceptions.

26-51-813. Reports and returns — Confidentiality — Exceptions. (a) It shall be unlawful for the Department of Finance and Administration or any other public official or employee to divulge or otherwise make known in any manner any particulars set forth or disclosed in any report or return required by the Income Tax Act of 1929, § 26-51-101 et seq., or any information concerning the taxpayer's affairs acquired from the taxpayer's records, officers, or employees while examining or auditing any taxpayer's liability for taxes imposed under the Income Tax Act of 1929, § 26-51-101 et seq., except: (1) In connection with a proceeding involving taxes due under the Income Tax Act of 1929, § 26-51-101 et seq., from the taxpayer making the return; and (2) In the manner and for the purposes prescribed in this section, the Arkansas Tax Procedure Act, § 26-18-101 et seq., and §§ 26-5-107, 26-5-108, 26-51-910, 26-52-105, 26-52-302, 26-52-303, 26-52-509, and 26-59-111. (b) The Secretary of the Department of Finance and Administration may furnish a copy of any taxpayer's return to any official of the United States or of any state having duties to perform in respect to the assessment or collection of any tax imposed upon or measured by income if the taxpayer is required by the laws of the United States or of the state to make a return in the United States or that state and if the laws of the United States or of the state provide substantially for the same secrecy in respect to the information revealed by the taxpayer's return as is provided by Arkansas laws. (c) The secretary and all other public officials and employees shall keep and maintain the same secrecy in respect to any information furnished by any department, commission, or official of the United States or of any other state in respect to the income of any person as is required by the Income Tax Act of 1929, § 26-51-101 et seq., in respect to information concerning the affairs of the taxpayer under the Income Tax Act of 1929, § 26-51-101 et seq. (d) Nothing in this section shall be construed to prohibit the Department of Finance and Administration from publishing statistics so classified as not to disclose the identity of a particular return or report and the items of the return or report, or the inspection by the Attorney General or other legal representatives of this state of the return or report of any taxpayer who shall bring action to set aside or review the tax paid on the return or report or against whom an action or proceeding is necessary to recover any tax or any penalty imposed by the Income Tax Act of 1929, § 26-51-101 et seq. (e)(1) Nothing in this section shall be construed to prohibit the Department of Finance and Administration from disclosing from any return or other record maintained by the secretary to the Office of Child Support Enforcement the last known address or whereabouts or the last known employer of any deserting parent from whom the office is charged with collecting child support. (2) In providing this information, the Department of Finance and Administration shall not allow the office to examine the tax return, except that the Department of Finance and Administration shall disclose the taxpayer's tax return, personal and business, when compelled by an order of any Arkansas circuit court or the Supreme Court in any case or controversy before that court. (f)(1) Nothing in this section shall be construed to prohibit the Department of Finance and Administration from disclosing from any return or other record maintained by the secretary to the Student Loan Guarantee Foundation of Arkansas, the last known address or whereabouts or the last known employer of any person from whom the Student Loan Guarantee Foundation of Arkansas is charged with collecting a student loan indebtedness. (2) In providing this information the Department of Finance and Administration shall not allow the Student Loan Guarantee Foundation of Arkansas to examine the tax return. (g)(1) Nothing in this section shall be construed to prohibit the Department of Finance and Administration from disclosing from any return or other record maintained by the secretary to the Division of Higher Education or any Arkansas public institution of higher education the last known address or whereabouts or the last known employer of any person from whom these institutions are charged with collecting student indebtedness. (2) In providing this information, the Department of Finance and Administration shall not allow the Division of Higher Education or the Arkansas public institutions of higher education to examine the tax return.