Louisiana 2010 Regular Session

Louisiana House Bill HB924

Introduced
3/29/10  

Caption

Creates and provides for Tax Court as an administrative agency in the office of governor (OR +$841,125 GF EX See Note)

Impact

The establishment of the Tax Court and its small claims division marks a significant transformation in how tax disputes are managed within the state. It shifts certain responsibilities from the existing Board of Tax Appeals to the new court, potentially reducing backlog and streamlining tax complaint proceedings. By providing a specialized venue, the bill aims to safeguard taxpayer rights and ensure fair treatment during tax assessments and appeals. The court's jurisdiction will allow it to resolve questions of law and fact arising under state tax laws, therefore directly influencing Louisiana's revenue collection framework.

Summary

House Bill 924 establishes the Tax Court as an administrative agency within the office of the governor, aimed at handling various tax-related matters including appeals and claims against the state. This new court system intends to streamline the process of tax assessment and collection disputes, thereby enhancing the efficiency and accessibility of judicial review for taxpayers. The bill delineates the powers, duties, and jurisdiction of the Tax Court, which includes overseeing claims for tax overpayments, penalties, and other related issues concerning state revenue.

Sentiment

The sentiment surrounding HB 924 appears mixed, as proponents laud it for enhancing the efficiency of tax dispute resolution and providing clearer paths for taxpayers. However, there are concerns raised regarding the potential limitations placed on the types of claims that can be heard and the modification of existing tax appeal processes. Stakeholders express caution about ensuring that the interests of taxpayers are adequately protected under the new framework to prevent any undue disadvantage.

Contention

A notable point of contention within the discussions on HB 924 is the delineation of jurisdiction between the new Tax Court and existing bodies like the Board of Tax Appeals. While the intention is to create a more streamlined process for taxpayers, critics argue that moving certain matters away from the existing board could complicate processes and create jurisdictional confusion, especially concerning appeals that might not fit neatly into the new system. Additionally, there are concerns about whether the new court could effectively handle the anticipated caseload while maintaining just operations.

Companion Bills

No companion bills found.

Similar Bills

LA HB223

Creates and provides for a Tax Court as an administrative agency in the office of the governor (OR +$903,750 GF EX See Note)

LA HB376

Establishes a tax court for the adjudication of certain disputes over state and local taxes

LA HB585

Establishes a Tax Court for adjudication of tax matters (OR +$7,000,000 GF EX See Note)

LA SB230

Creates the Tax Court to replace the Louisiana Board of Tax Appeals and expands its jurisdiction to local tax matters. (gov sig)

LA SB567

Allows a taxpayer who is subject to any collection procedure for local sales tax, or whose request for a refund of such tax has been denied by a collector, to initiate a mandatory, binding, arbitration proceeding. (See Act) (RE SEE FISC NOTE LF EX)

LA HB798

Provides relative to the enforcement and adjudication of state taxes (EN -$120,000 SG EX See Note)

LA HB863

Authorizes and provides for the adjudication of certain state and local tax disputes by the Board of Tax Appeals (EN INCREASE SG EX See Note)

LA HB338

Provides with respect to the enforcement and adjudication of state and local taxes and the Board of Tax Appeals (EN +$60,000 SG EX See Note)