Bills › 91st General Assembly
Relating to awarding the costs in administrative hearings or court proceedings involving the collection of tax, penalties, and interest by the department of revenue
Topics:Courts & civil lawTaxes
Where it is now
- Done: IntroducedJanuary 15, 2025
- Done: SubcommitteeJanuary 15, 2025
- Done: House committeeJanuary 28, 2025
- Skipped: Passes the HouseContinued as HF 773
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Became HF 773 → Its progress continues under the new number. Go to HF 773 What’s a funnel?
What’s in it
AI summary People fighting tax disputes with the Department of Revenue can now ask to have their legal and expert fees paid without a $25,000 limit. If a taxpayer wins their case, the Department of Revenue must pay those reasonable costs. However, the Department can avoid paying if it proves that its original position on the tax issue was well-supported.1
Read the official explanation
This bill relates to the costs of litigation in administrative hearings or court proceedings involving the collection of tax, penalties, and interest (dispute) by the department of revenue (department). The bill changes the costs allowed to be recovered in the dispute. The costs allowed to be recovered under the bill include reasonable court costs; reasonable prevailing market rates for expert witnesses, studies, tests, analysis, or special projects; and reasonable attorney or accountant fees including fees related to the recovery of costs allowed under the bill. The bill strikes the current $25,000 cap recoverable by a taxpayer in a dispute. Under the bill, if the taxpayer substantially prevails in the dispute relating to the amount in controversy or issues involved, the burden of proof shifts to the department to prove that the position of the department was substantially justified. If the department proves the position of the department was substantially justified, the bill prohibits the taxpayer from recovering an award in the dispute. If the taxpayer prevails, the bill requires the department to pay the reasonable costs described in the bill. Under current law, the taxpayer must prove the position of the department was not substantially justified in addition to the amount in controversy and issues involved.
House subcommittee
Named January 15, 2025. On January 21, 2025 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
1 written public comment to its subcommittee: January 21, 2025 (1) · on the Legislature’s site
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Tried before
Study bill
91st General Assembly
Earlier and later bills are matched by wording or an identical title.
Tried before
This idea has been filed in an earlier General Assembly. None got through a chamber.
- HSB 541 HSB 54190th General Assembly · In committee · very similarCleared committee
Matched by wording or an identical title.