(1) For purposes of this Section, a "private tax opinion" is the written opinion of the Law Department, issued in response to a taxpayer's request, as to the taxpayer's liability under the tax laws with respect to a particular transaction described in the taxpayer's request.
(2) Requests for private tax opinions must comply with procedures prescribed by the City Solicitor. The City Solicitor is not obligated to issue a private tax opinion, and this Section shall not be construed to create any such obligation.
(3) A private tax opinion is valid only with respect to the taxpayer who requested the opinion. Private tax opinions may not be used or cited as precedent, and no taxpayer may rely on a private tax opinion issued to another taxpayer.
(4) Whenever the Law Department issues a private tax opinion at the request of a private party, the City Solicitor is authorized to impose a fee for the service thus rendered on the person requesting the opinion, which fee must be paid at the time a request for a private tax opinion is made to the Law Department. The amount of the fee shall be determined in accordance with the following schedule, or any revised schedule promulgated pursuant to subsection 17-703(5):
(a) Opinions on the Realty Transfer Tax, one thousand five hundred dollars ($1,500).
(b) Opinions on the Wage and Net Profits Tax, two hundred fifty dollars ($250).
(c) Opinions on the Business Income and Receipts Tax, seven hundred fifty dollars ($750). 126
(d) Opinions on accounting period or method, two hundred seventy-five dollars ($275).
(e) Opinions on any other tax question, five hundred dollars ($500).
(f) Additional fee for honoring a request to issue a private tax opinion on an expedited basis within 20 business days of receipt of a properly filed request (this fee is in addition to the base fee for the opinion set forth in subsections (4)(a) through (e), two thousand dollars ($2,000).
(g) Tax clearance certificates, twenty-five dollars ($25).
(5) The City Solicitor may, from time to time, by regulation, revise the schedule of fees set forth in subsection 17-703(4). Such revised fees shall not exceed the Law Department's cost of issuing private tax opinions. The City Solicitor's schedule of fees need not follow the classification scheme set forth in subsection 17-703(4).
(6) An private tax opinion request may be withdrawn at any time before a private tax opinion has been issued; however, withdrawing the request will not entitle the requester to a fee refund unless more than 120 business days have elapsed since the Law Department received a properly filed request. The fee is also not refundable once a private tax opinion has been issued, regardless of the conclusion of the opinion as to the tax liability of the person requesting the opinion.
Notes
| 126 | Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012. |