||This regulatory action will amend 23 VAC 10-20-20, Filing of tax returns and payment of taxes which fall due on Saturday, Sunday or legal holiday, 23 VAC 10-20-30, Filing of tax returns or payment of taxes by mail, 23 VAC 10-20-80, Waiver of time limitation on assessment of taxes, 23 VAC 10-20-90, Retention of records by taxpayer, 23 VAC 10-20-110, Offers in compromise, 23 VAC 10-20-130, Memorandum of lien for collection of taxes, and 23 VAC 10-20-200, Interest on overpayments or improper collection, to conform to the Form, Style, and Procedure Manual.
This regulatory action will also amend 23 VAC 10-20-130, Memorandum of lien for collection of taxes, to reflect statutory changes. The 1993 Acts of Assembly, Chapter 384, required the taxpayer to be given 10 days notice before a memorandum of lien can be issued, unless the lien is filed in instances where the Commissioner determines the collection to be in jeopardy. The 1993 Acts of Assembly, Chapter 384, also required that notice be given at a taxpayer's "last known address" and defined the term. The 1996 Acts of Assembly, Chapter 634, allowed the taxpayer to appeal to the Commissioner, if the taxpayer alleges an error in the filing of the lien. There is no discretion on the part of TAX in amending the section to reflect the statutory changes. As this action will conform the regulation sections to statutory changes where no agency discretion is involved and to the Form, Style, and Procedure Manual, it qualifies for exemption from the Administrative Process Act and the Virginia Register Act under Code of Va. § 2.2-4006 A (3) and A (4) (a).