Bill Text: GA HB389 | 2011-2012 | Regular Session | Introduced

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Bill Title: Taxpayer refunds; interest; change certain provisions

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-03-16 - House Lost Reconsidered Bill/Res [HB389 Detail]

Download: Georgia-2011-HB389-Introduced.html

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11 LC 18 9785

House Bill 389

By: Representative Knight of the 126th

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to taxpayer refunds, so as to change certain provisions regarding interest; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to taxpayer refunds, is amended by revising subsection (b) as follows:

"(b)(1) No interest shall be paid if the taxes or fees were erroneously or illegally assessed and collected due to the taxpayer failing to claim any credits listed in Article 2 of Chapter 7 of this title on or before the due date for filing the applicable income tax return, including any extensions which have been granted.

(2) Except as provided in paragraph (3) of this subsection, interest on sales or use tax claims for refund or credit shall be refunded at the rate of 1 percent per month from the date that a complete claim is filed. A sales or use tax claim for refund or credit is complete when it contains:

(A) The taxpayer's name, address, sales tax account number, and signature;

(B) The amount claimed;

(C) The periods involved;

(D) The specific grounds upon which the claim is based; and

(E) Sufficient books and records, invoices, purchase orders, or other similar documentation to permit the department to verify the amount that should appropriately be refunded or credited to the claimant. Documents such as, but not limited to, spreadsheets that summarize a taxpayer's books and records, sales, expenses, or purchases are not sufficient for purposes of considering a sales or use tax claim for refund or credit to be complete.

(3) The department shall notify the claimant of the department's determination whether a sales or use tax claim for refund is complete by the 90th day after the filing date of such claim.

(A) If the department determines that a claim is not complete, the department's notification shall list the missing information and/or documentation and the claimant shall be allowed 30 days from the transmittal date of the department's notification to make the claim complete. If the claimant does not make the claim complete by the 30th day, the statute of limitations contained in paragraph (1) of subsection (c) of this Code section, which was tolled by the initial filing of the claim, shall continue to run beginning on the thirty-first day after the department's determination.

(B) If the department fails to make a determination within the 90-day period, the statute of limitations contained in paragraph (1) of subsection (c) of this Code section shall remain tolled as of the filing date of the claim, and interest shall accrue on any amount that is ultimately refunded to the claimant at the rate of 1 percent per month beginning on the filing date of the claim."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.