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AR SB865

Bill

Status

Introduced

3/9/2015

Primary Sponsor

Bill Sample

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Origin

Senate

90th General Assembly (2015 Regular)

AI Summary

  • Amends Arkansas Code § 26-18-406(e) to allow taxpayers to be awarded reasonable attorney fees in court proceedings if the director's final assessment or determination was without reasonable basis in law, fact, or both.

  • Creates new section 26-18-813 establishing a right to reimbursement of fees and other costs for taxpayers seeking administrative relief, including expert witness fees, study/analysis costs, and attorney fees.

  • Limits reimbursement to the lesser of $20,000 or actual amount spent, with attorney fees capped at $200 per hour unless cost of living increases or special factors justify higher rates.

  • Requires taxpayers to submit itemized fees within 30 days after final determination, with hearing officers having 30 days to validate the costs.

  • Allows taxpayers denied administrative relief but subsequently granted judicial relief to recover reasonable fees and costs for the administrative proceeding under the same standards and restrictions.

Legislative Description

To Provide A Right To Attorney's Fees For Taxpayers Seeking Judicial Relief; And To Amend The Taxpayer Bill Of Rights To Include A Right To Reimbursement Of Fees And Other Costs.

Last Action

Sine Die adjournment

4/22/2015

Committee Referrals

Revenue & Taxation3/9/2015

Full Bill Text

No bill text available