Bill No.: HB0184 Drafter: MQ
LSO No.: 09LSO-0336 Effective Date:
Enrolled Act No.: HEA0083
Chapter No.: 150
Prime Sponsor: Representative Anderson, R.
Catch Title: Mineral taxes-audit and refund.
Subject: Provides amendments to mineral tax enforcement provisions.
· Old law entitled the department of revenue to rely on final audit findings, taxpayer amended returns or department review provided the return was filed within 3 years from the date the production should have been or was reported, whichever is later.
· New law changes time period to when the production should have been reported.
· Bill also requires a request for refund for overpayment of mineral taxes to be filed with the department by submitting an amended return within 3 years from the date the production should have been reported.
· The refund may be modified or revoked based upon an audit.
· A taxpayer is entitled to receive a refund of any overpaid mineral tax (ad valorem or severance) identified by an audit regardless of whether a refund was requested.
· Makes the same changes for all the mineral tax provisions (for all minerals).