(a) The Director is empowered to formalize with the taxpayer a written payment agreement whereby the he/she can commit to waive any tax due including, without limitation, civil or criminal penalties, interests, fines, or charges applicable to a specific situation pursuant to any tax prior to its referral to the Department of Justice for the formulation of charges.(1) General requirements. — Any payment commitment pursuant to the provisions of this section shall be authorized by the Director, or his/her authorized representative, who shall justify the reasons for the concession of the payment commitment and shall provide the following information:(A) Amount of tax due;(B) amount of interest, charges, fines, or additional penalties pursuant to the tax due;(C) amount to be actually paid, pursuant to terms of the payment commitment;(D) financial analysis of the taxpayer’s situation that demonstrates that the taxpayer has the payment capacity with respect to the present payment that shall be paid pursuant to the payment commitment, and(E) any other document or evidence that shall be required by the Director, pursuant to any rule or regulation approved by him/her.(2) In the absence of

be paid pursuant to the payment commitment, and(E) any other document or evidence that shall be required by the Director, pursuant to any rule or regulation approved by him/her.(2) In the absence of resources. — If the taxpayer does not posses[s] and/or presents sufficient resources for the payment of the tax and the applicable fines, charges, interests or penalties, the Director, or his/her authorized representative, shall evaluate and determine if the payment commitment is an appropriate method for the debt or deficiency collection, in the absence of resources to guarantee its collection. History —Sept. 9, 2003, No. 272, § 51, eff. 180 days after Sept. 9, 2003.