FSMC, TITLE 54.  TAXATION AND CUSTOMS

CHAPTER 7
FSM Unified Revenue Authority

Editor’s notes: Section 1 of PL 16-75 added a new chapter 7 of this title entitled FSM Unified Revenue Authority. PL 16-75 was signed into law by Vice President Alik L. Alik, in his capacity as Acting President, on April 19, 2011.

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SUBCHAPTER IV
Functions, Duties and Powers of the Authority

SECTIONS

§ 741. Functions of the Authority.
§ 742. Powers of the Authority.

Editor’s note: Section 23 of PL 16-75 added a new subchapter IV of this chapter 7 entitled Functions, Duties and Powers of the Authority.

§ 741. Functions of the Authority.

The primary function of the Authority is to maximize, over time, the collection of tax revenue lawfully owing to the FSM National Government and the States given the resources available to it. Without limiting the generality of the foregoing, the Authority has the following specific functions:

(1) to act as agent in the collection of revenue on behalf of the FSM National Government and the Governments of the several States in accordance with their revenue laws;

(2) to otherwise administer on behalf of the FSM National Government and the Governments of the several States the provisions of the revenue laws as shall from time to time require its action;

(3) to render ancillary services to the FSM National Government and the Governments of the several States in the administration and enforcement of their revenue laws;

(4) to take border security and customs measures as required under chapter 2 of title 54 of this code or as assigned to the Authority in accordance with law;

(5) to ensure that all revenue collected is dealt with in accordance with section 758 of this chapter;

(6) to promote voluntary compliance with the revenue laws;

(7) to take such measures as may be required to improve the standards of service provided to taxpayers with a view to improving efficiency and effectiveness in administration, and maximizing revenue collection;

(8) to take such measures as may be required or considered necessary to prevent tax evasion and fraud of any type;

(9) to advise the FSM National Government and the Governments of the several States on matters relating to the administration and collection of revenue, and border security, under the revenue laws;

(10) as directed by the Secretary, to represent the FSM National Government internationally in respect of matters related to taxation and customs;

(11) to perform such other functions, in relation to the collection of National taxes as the Secretary may assign to the Authority; and

(12) to perform such other functions in relation to the collection of State taxes as the Finance Official of the relevant State may assign to the Authority.

Source: PL 16-75 § 24.

Cross-reference: The statutory provisions on the President and the Executive are found in title 2 of this code.

§ 742. Powers of the Authority.

(1) In performing the functions authorized pursuant to section 741 of this chapter, the Authority has the following powers:

(a) to adopt, alter, and use a seal;

(b) to adopt and amend bylaws governing the conduct of its business and the exercise of its powers, subject to the provisions of the revenue laws;

(c) to sue and be sued in its name;

(d) to acquire, in any lawful manner, any personal property, either tangible or intangible, to hold, maintain, use and operate such property, and to sell, lease or otherwise dispose of such property;

(e) to retain and terminate the services of employees, agents, attorneys, auditors, and independent contractors upon such terms and conditions as it may deem appropriate;

(f) to make assessments, conduct investigations, initiate judicial proceedings, publish rules and rulings, and to take such other action as may be necessary in connection with its role as a unified tax administration for the FSM National Government and the Governments of the several States; and

(g) to do all such other things on its own account or as agent for the FSM National Government and the Governments of the several States as may be deemed incidental to or conducive to the attainment of the functions and responsibilities of the Authority.

(2) The Authority is not permitted to own any real property, but may lease real property to the extent necessary for its operation.

Source: PL 16-75 § 25.

Cross-reference: The statutory provisions on the President and the Executive are found in title 2 of this code.