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.

 

 

 

Summary/Major Elements:

 

         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).