This form brings together several boilerplate contract clauses that work together to establish a confidentiality obligation from the parties and outline what that confidentiality agreement will apply to under the terms contract agreement. Both short and detailed examples are provided to suit individual needs and circumstances.
Guam Putting It All Together - Confidentiality Provisions
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IRC 6103(a) states that returns and return information shall be confidential and that, except as specifically authorized by the Internal Revenue Code, no officer or employee of the United States shall disclose returns or return information. Church of Scientology v. Internal Revenue Service, 484 U.S. 9 (1987).
The Receiving Party shall treat as confidential all of the Disclosing Party's Confidential Information and shall not use such Confidential Information except as expressly permitted under this Agreement.
IRC Section 6103 generally prohibits the release of tax information by an IRS employee. However, there are important exceptions that you should be aware of. IRC Section 6103(d) provides that return information may be shared with state agencies responsible for tax administration.
The Secretary may, subject to such requirements and conditions as he may prescribe by regulations, disclose the return of any taxpayer, or return information with respect to such taxpayer, to such person or persons as the taxpayer may designate in a request for or consent to such disclosure, or to any other person at ...
A typical confidentiality clause might say, "The phrases and circumstances of this Agreement are completely confidential between the parties and shall not be disclosed to anybody else. Any disclosure in violation shall be deemed a breach of this Agreement."
Title 26, U.S. Code applies to the statistical work conducted by the U.S. Census Bureau's collection of IRS data about households and businesses. Title 26 provides for the conditions under which the IRS may disclose Federal Tax Returns and Return Information (FTI) to other agencies, including the Census Bureau.
Section 6103(i)(1) of Title 26 authorizes application for an ex parte order for the disclosure of "any return or return information to officers or employees of any federal agency who are personally and directly engaged in" the investigation, or preparation for prosecution, of violations of specifically designated ...
IRC Section 6103(i)(1) provides that, pursuant to court order, return information may be shared with law enforcement agencies for investigation and prosecution of non-tax criminal laws.