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AR HB1681

Bill

Status

Passed

4/7/2017

Primary Sponsor

Logan Jett

Click for details

Origin

House of Representatives

91st General Assembly (2017 Regular)

AI Summary

  • Amends Arkansas Tax Procedure Act to define "erroneously paid refund" as a refund of tax received by a taxpayer that was not entitled to receive the refund.

  • Classifies erroneously paid refunds as underpayments of tax and tax deficiencies subject to assessment by the state.

  • Establishes a 3-year statute of limitations from the date of the refund warrant for assessments to recover erroneously paid refunds, with no time limit for refunds paid as a result of fraud or misrepresentation by the taxpayer.

  • Requires the director to issue a notice of proposed assessment for the erroneously paid refund amount plus interest and authorized penalties, explaining the basis for the assessment and informing the taxpayer of their right to protest under existing procedures.

  • Allows interest and penalties on erroneously paid refunds to be waived or abated if the refund resulted from an error by the Department of Finance and Administration.

Legislative Description

To Amend The Definitions Under The Arkansas Tax Procedure Act; And To Provide That Erroneously Paid Refunds Are Considered Underpayments Of Tax And Are Subject To Assessment.

Last Action

Notification that HB1681 is now Act 999

4/7/2017

Committee Referrals

Revenue and Taxation3/27/2017
Revenue & Taxation3/16/2017
Revenue and Taxation2/24/2017

Full Bill Text

No bill text available