Massachusetts General Laws (Tax)

Mass. Gen. Laws ch. 62C, § 36B

Erroneous written advice from department of revenue; waiver of penalty

Official textmalegislature.gov

Section 36B. The commissioner shall waive or abate any portion of any penalty or addition to tax assessed under this chapter attributable to erroneous advice furnished to the taxpayer in writing by an officer or employee of the department of revenue, acting in such officer's or employee's official capacity, provided that (a) the written advice was reasonably relied upon by the taxpayer and was in response to a specific written request of the taxpayer, and (b) the portion of the penalty or addition to tax did not result from a failure by the taxpayer to provide adequate or accurate information.

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In this chapter (40 sections)
  1. 62C-29 · Collection of tax jeopardized by delay; immediate assessment
  2. 62C-30 · Federal income tax changes; assessment; abatement; penalty
  3. 62C-30A · Adjustments based on final determination of tax due in…
  4. 62C-30B · Partnership-level audit
  5. 62C-31 · Notice of assessment in excess of amount on return
  6. 62C-31A · Notice of unpaid corporate or partnership assessment;…
  7. 62C-32 · Payment date; interest; notice; contested taxes not collected…
  8. 62C-32A · Outstanding obligations on installment transactions; method…
  9. 62C-33 · Late returns; penalty; abatement
  10. 62C-33A · United States postmark; alternative private delivery service;…
  11. 62C-34 · Penalty for failure to file returns; payment
  12. 62C-35 · Payment by check or electronic funds transfer; penalty for…
  13. 62C-35A · Penalty for underpayment of tax required to be shown on return
  14. 62C-35B · Good faith defense for underpayment penalty; list of abusive…
  15. 62C-35C · Understatement of liability with respect to any return or…
  16. 62C-35D · Inconsistent position in reporting of income; disclosure
  17. 62C-35E · False or deliberately misleading statements respecting…
  18. 62C-35F · Penalties for sale or offers for sale of an automated sales…
  19. 62C-36 · Overpayment of tax, interest, or penalty; refund or credit;…
  20. 62C-36A · Correction of error without application of taxpayer; demand…
  21. 62C-36B · Erroneous written advice from department of revenue; waiver…
  22. 62C-37 · Application for abatement; hearing; notice of decision
  23. 62C-37A · Settlement of tax liability
  24. 62C-37B · Installment payment agreements; modification or termination
  25. 62C-37C · Acceptance of amount less than proposed or assessed tax…
  26. 62C-38 · Prerequisites for abatement
  27. 62C-39 · Appeal from refusal for abatement
  28. 62C-40 · Refund of overpaid taxes; interest
  29. 62C-41 · Remedies; restrictions
  30. 62C-42 · Abatement of taxes by appellate tax board
  31. 62C-43 · Unpaid taxes not warranting collection; abatement
  32. 62C-44 · Sale of business; withholdings to cover tax; liability of…
  33. 62C-45 · Designation of banks as depository for receiving taxes
  34. 62C-45A · Quarterly returns; regulations; underpayment
  35. 62C-45B · Declarations of estimated tax and estimated tax payments;…
  36. 62C-46 · Powers and remedies of commissioner for collection of taxes;…
  37. 62C-47 · Action of contract for unpaid taxes
  38. 62C-47A · Licenses and certificates of authority issued by governmental…
  39. 62C-47B · Driver's license, permit, right to operate or certificate of…
  40. 62C-48 · Liability of lessee for tax due from lessor
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