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.(See SF 524.)
One significant change introduced by SSB1005 is the removal of the existing $25,000 cap on recoverable costs. This measure allows prevailing taxpayers to claim a broader range of expenses associated with their legal representation. Under the current law, taxpayers must establish that the Department of Revenue's position was not substantially justified, which is a high burden to meet. With this bill, if the taxpayer successfully demonstrates that they substantially prevailed in the dispute, the burden of proof shifts to the Department to validate the justification of its position, potentially tipping the scales in favor of the taxpayer more often.
Senate Study Bill 1005 (SSB1005) proposes changes in the process of awarding costs in administrative hearings and court proceedings related to the collection of taxes, penalties, and interest by the Iowa Department of Revenue. The bill aims to enhance the rights of prevailing taxpayers by allowing them to recover reasonable costs incurred during disputes, including court costs, expert witness fees, and reasonable attorney or accountant fees. This shift in policy aims to create a more equitable legal environment for taxpayers facing potentially unjust positions taken by the state.
The bill has sparked discussion regarding its implications for state revenue collection and the legal standards applied in these cases. Proponents argue that it provides necessary protections for taxpayers against unjust assessment practices and encourages the Department of Revenue to act with greater accountability. They believe that this change will mitigate some risks of abuse within the system. However, opponents caution that easing the burden on taxpayers could lead to an increase in frivolous claims and may undermine the effectiveness of the Department’s collection efforts. The balance of taxpayer rights and state revenue interests has emerged as a central point of contention in discussions surrounding SSB1005.