Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 718 of the Regular Session
 1   State of Arkansas                     As Engrossed:     H3/17/21
 2   93rd General Assembly                        A Bill
 3   Regular Session, 2021                                                             HOUSE BILL 1048
 4
 5   By: Representatives Milligan, Jett
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 7                                        For An Act To Be Entitled
 8                   AN ACT TO AMEND THE LAW CONCERNING A CLAIM FOR A
 9                   REFUND OF OVERPAYMENT OF TAX; TO AUTHORIZE THE OFFSET
10                   OF A TAX REFUND TOWARD A TAX DELINQUENCY WHEN A FINAL
11                   ASSESSMENT OF TAX HAS BEEN ISSUED; AND FOR OTHER
12                   PURPOSES.
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15                                                 Subtitle
16                           TO AUTHORIZE THE OFFSET OF A TAX REFUND
17                           TOWARD A TAX DELINQUENCY WHEN A FINAL
18                           ASSESSMENT OF TAX HAS BEEN ISSUED.
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21   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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23           SECTION 1.      Arkansas Code  26-18-507(e)(1)(A), concerning claims for
24   refunds of overpayments of tax, is amended to read as follows:
25           (e)(1)(A)       The secretary shall make a written determination and give
26   notice to the taxpayer concerning whether or not a refund is due.
27
28           SECTION 2.      Arkansas Code  26-18-507(e)(1)(B)(ii)(a), concerning
29   claims for refunds of overpayments of tax, is amended to read as follows:
30                                   (ii)(a)    If the secretary determines that the
31   taxpayer entitled to the refund has an outstanding state tax delinquency for
32   which a final assessment has been issued or a certificate of indebtedness has
33   been filed, the secretary shall apply the refund due as payment against the
34   outstanding state tax delinquency. If the amount of the state tax refund
35   exceeds the amount of the outstanding state tax delinquency, the excess
36   amount shall be paid to the taxpayer in accordance with subdivision
     *JLL072*                                                                     03-17-2021 10:02:24 JLL072
     As Engrossed:   H3/17/21                                                HB1048
 1   (e)(1)(B)(i) of this section.
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 3                                      /s/Milligan
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 6                                   APPROVED: 4/14/21
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                                          2              03-17-2021 10:02:24 JLL072
Statutes affected: 
Old version HB1048 Original - 12-17-2020 04:56 PM: 26-18-507(e)
Old version HB1048 V2 - 3-17-2021 10:02 AM: 26-18-507(e)
HB 1048: 26-18-507(e)
Act 718: 26-18-507(e)