A bill for an act relating to awarding the costs in administrative hearings or court proceedings involving the collection of tax, penalties, and interest by the department of revenue.(Formerly SSB 1005.)
One significant aspect of SF524 is its shift in the burden of proof when a taxpayer prevails in a tax-related dispute. Under the new provisions, if a taxpayer can demonstrate they have substantially won their case, the burden shifts to the Department of Revenue to show that its position was substantially justified. This change is expected to empower taxpayers in disputes against the state, as it may lead to more favorable outcomes for them, potentially reducing the Department's inclination to pursue claims that could later be deemed unjustified.
Senate File 524 aims to reform the cost recovery process in administrative hearings or court proceedings that involve the collection of taxes, penalties, and interest by the Department of Revenue. The bill proposes that prevailing taxpayers can be awarded reasonable costs incurred during their disputes against the Department. This includes not only the standard court costs but also fees related to expert witnesses, studies, and independent legal or accounting services, which are fundamental for taxpayer representation. Notably, the bill removes the previous $25,000 cap on the recoverable costs, potentially allowing for higher compensation.
The implications of SF524 are likely to generate discussions and debate regarding taxpayer rights and state revenue collection. Proponents of the bill argue that it offers necessary safeguards for taxpayers to ensure fairness and accountability in tax proceedings, while critics may voice concerns that it could lead to an increase in frivolous claims against the Department, thus complicating the state's ability to efficiently manage tax collections. Additionally, the removal of the cap on recoverable costs could significantly impact the state’s budget if numerous successful taxpayer claims arise as a result of this legislation.