SB 2785 — Taxation; allow Commissioner of Revenue to reduce tax based on additional information after order of Board of Tax Appeals.

SB2785 (COMMITTEE(As SUBSTITUTE)Passed the Senate) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Senator(s) Harkins Senate Bill 2785 (COMMITTEE(As SUBSTITUTE)Passed the Senate) AN ACT TO AMEND SECTION 27-77-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ATHE TAXCOMMISSIONER APPELLANTOF TOREVENUE SUPPLY ADDITIONAL INFORMATION OR DOCUMENTATION TO THEREDUCE BOARDA OF TAX APPEALSLIABILITY DURINGBASED THEON 60-DAYADDITIONAL PERIODINFORMATION FOROR APPEALDOCUMENTATION OFPROVIDED THEBY BOARD'SA ORDERTAXPAYER TOAFTER THE CHANCERYBOARD COURT,OF ANDTAX TOAPPEALS TOLLHAS THEISSUED 60-DAYAN PERIOD;ORDER;

TO PROVIDE THAT THE COMMISSIONER SHALL HAVE DAYS TO ISSUE A DETERMINATION, DURING WHICH THE 60-DAY PERIOD FOR APPEAL TO THE CHANCERY COURT SHALL BE TOLLED;

     (7)  If in its order the Board of Tax Appeals orders a taxpayer to pay a tax assessment, the taxpayer shall, within sixty (60) days from the date the Board of Tax Appeals mailed the order, pay the amount ordered to be paid or properly appeal the order of the Board of Tax Appeals to chancery court as provided in Section 27-77-7.  During the sixty (60) days after the date the Board of Tax Appeals mailed the order, if the taxpayer becomesprovides aware of additional documentation or information, itthe commissioner may befurther suppliedreduce tothe amount due by the Boardtaxpayer.  ofThe Taxcommissioner Appeals. shall Inhave thisthirty event,(30) days to issue a determination, during which the sixty-day appeal period provided in Section 27-77-7 is tolledtolled.  fromIf the commissioner issues a determination in less than thirty (30) days, the appeal period shall begin to run again at the time of the additionalwritten documentationnotice orof informationthe iscommissioner's supplieddetermination.  Written notice by the commissioner shall indicate that the sixty-day appeal period has begun to run again as of the Boarddate of Taxthe Appealsnotice, untiland shall provide the timetaxpayer the Boarddate ofon Taxwhich Appealsthe issuesappeal aperiod newwill order. expire.  After the sixty-day period, if the tax determined by the Board of Tax Appeals or the reduced amount determined by the commissioner to be due is not paid and an appeal from the Board of Tax Appeals order has not been properly filed, the agency shall proceed to collect the tax assessment as affirmed by the Board of Tax Appeals. Appeals or reduced by the commissioner.  If in its order the Board of Tax Appeals determines that the taxpayer has overpaid his taxes and an appeal from the Board of Tax Appeals order has not been properly filed in chancery court, the agency shall, within sixty (60) days from the date the Board of Tax Appeals mailed its order, refund or credit to the taxpayer, as provided by law, the amount of overpayment as determined and set out in the order.