Definitions.

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As used in this article, unless the context otherwise requires:

(1) "Authorized person" means:

  1. A person who has obtained a written authorization signed and notarized by a taxpayer to receive a certificate of taxes due for the taxpayer, to receive copies of tax returns and filings by the taxpayer with a public entity, to receive a summary statement of tax payments made to any public entity by the taxpayer, or all of the above, to the degree set forth in the authorization. The authorization may be a signed original or a copy thereof and may be a separate document or part of a more general document; or

  2. A lending institution that has obtained written authorization from a borrower to receive notification from the department of revenue when the borrower is delinquent in the payment of sales and use taxes, special fuel taxes, withholding taxes, gas taxes, or aviation fuel taxes. The authorization may be a signed and dated original or a copy thereof and may be a separate document or part of a more general document.

  1. "Lender" means a person who has made a loan of value to a taxpayer in good faithand not for the purposes of evading this article.

  2. "Public entity" means the state and every county, city and county, city, town, schooldistrict, special improvement district, special district, and every other kind of district, agency, instrumentality, political subdivision, or taxing authority of the state organized pursuant to state law, whether or not it is subject to home rule.

  3. "Statement of intent" means a declaration by a lender or transferor that he intends toforeclose or transfer assets. A statement of intent need not specify a date certain for such foreclosure or transfer.

  4. "Tax" means a tax and assessment collected by a public entity which is secured by afirst and prior lien, including any interest, additional amount, additions to tax, penalties, and costs that are due.

  5. "Tax liability" means the liability of a taxpayer for a tax.

  6. "Tax lien" means a lien imposed by state or local law to secure the payment of a taxliability.

  7. "Transferee" means a person to whom assets are transferred, as provided in section38-25.5-102 (3).

  8. "Transferor" means a person who transfers assets, as provided in section 38-25.5-102

(3).

  1. "Treasurer" means the treasurer, director of the department of revenue, sales anduse tax administrator, or the chief tax collection officer of a public entity.

Source: L. 90: Entire article added, p. 1640, § 1, effective January 1, 1991. L. 97: (1) amended, p. 986, § 1, effective July 1.


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