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By Haidee V.
Eugenio
Variety Assistant Editor
TAXPAYERS and vendors will
now be able to pay their debt to the cash-strapped government through
the offsetting of their tax rebates or tax overpayments.
The Department of Finance adopted new regulations that establish procedures
to be followed by all agencies submitting delinquent accounts payable
for collection by Finance through tax offset procedures, as called for
by Public Law 14-35.
Finance Secretary Eloy Inos, in a March 5 public notice, said the proposed
regulations were adopted without modification and were published in this
months Commonwealth Register.
The purpose of the regulations, according to Assistant Attorney General
James R. Stump in a notice, is to aid the CNMI government in the collection
of delinquent accounts receivables.
P.L. 14-35 provides the finance secretary with authority to offset debts
owed to CNMI government agencies against any tax rebates and/or overpayments
due to the debtor, and provides a structure for voluntary canceling of
debts between the CNMI and individuals and entities.
The CNMI government is a significant economic enterprise and processes
daily numerous payments to vendors and taxpayers, and receives significant
payments of accounts payable.
The regulations state that In order to provide the CNMI with additional
flexibility in meeting the requirements of accounts payable and receivable,
the Department of Finance has developed regulations that permit the offsetting
of accounts receivable and payables when an individual/entity has balances
in both of these accounts.
But in order to avoid the violation of accounting principles and to ensure
tracking of all offsets, this procedure is to be strictly limited to two
types of offset procedures: voluntary and involuntary.
A voluntary offset is used when a taxpayer or entity agrees to allow Finance
to offset accounts payable owed to the individual or entity from the CNMI
by accounts receivable owed by the individual or entity.
The voluntary offset can be initiated either by the CNMI or the individual.
It requires the completion of an approved voluntary offset agreement,
among other things.
An involuntary offset is defined as an action undertaken by Finance unilaterally
or at least at the request of another CNMI agency, to offset a tax overpayment
or rebate due to a taxpayer by any accounts receivable or debts owed to
the CNMI.
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