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ID H0202

Bill

Status

Engrossed

3/20/2019

Primary Sponsor

Revenue and Taxation Committee

Click for details

Origin

House of Representatives

2019 Regular Session

AI Summary

  • Allows State Tax Commission and State Board of Equalization actions related to notice, hearings, appeals, and taxpayer reviews to be governed by the Idaho Administrative Procedure Act (chapter 52, title 67) or title 63 Idaho Code, at the taxpayer's election, with exceptions for sections 67-5276, 67-5277, and 67-5279.

  • Permits appeals of final orders to district court in Ada County or the county where the taxpayer resides or has their principal office or place of business, with appeals taken and perfected under Idaho Rules of Civil Procedure rule 84.

  • Establishes that district court appeals are heard de novo without a jury as original proceedings, and the court may receive additional evidence not presented in earlier proceedings.

  • Places burden of proof on the party seeking affirmative relief, with preponderance of the evidence as the standard, and allows the burden of going forward with evidence to shift as in other civil litigation.

  • Requires district court to issue written decisions including findings of fact and conclusions of law, with authority to affirm, reverse, modify, or remand orders, and permits further appeal to Idaho Supreme Court following appellate rules.

Legislative Description

Amends existing law to provide that certain actions of the State Tax Commission and the State Board of Equalization may be governed by the Idaho Administrative Procedure Act, and to provide for standards of appeal to the district court.

TAX COMMISSION

Last Action

Introduced, read first time; referred to: Local Government & Taxation

3/21/2019

Committee Referrals

Local Government and Taxation3/21/2019
Revenue and Taxation2/26/2019

Full Bill Text

No bill text available