Bill Text: TX HB3462 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the comptroller's processing of a claim for a tax refund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-03 - Referred to Ways & Means [HB3462 Detail]
Download: Texas-2017-HB3462-Introduced.html
85R12052 TJB-D | ||
By: Davis of Dallas | H.B. No. 3462 |
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relating to the comptroller's processing of a claim for a tax | ||
refund. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 111, Tax Code, is amended | ||
by adding Section 111.1043 to read as follows: | ||
Sec. 111.1043. PROCESSING REFUND CLAIMS. (a) Not later | ||
than the first anniversary of the date a claim for a refund is filed | ||
in accordance with this title, the comptroller shall: | ||
(1) grant and pay the claim; | ||
(2) wholly or partly deny the claim; or | ||
(3) execute a settlement agreement with the claimant | ||
in an amount not less than 90 percent of the amount claimed for the | ||
refund. | ||
(b) In addition to other penalties and interest prescribed | ||
under this title, a claimant is entitled to a penalty paid by the | ||
state in the amount calculated under this subsection if the | ||
comptroller's final decision following a hearing under Section | ||
111.105 grants all or part of a refund claimed by the claimant that | ||
was previously denied by the comptroller. The amount of the penalty | ||
is equal to five percent of the amount of the refund granted in the | ||
final decision that was previously denied. | ||
(c) Not later than December 1 of each even-numbered year, | ||
the comptroller shall submit a report to the governor, lieutenant | ||
governor, and speaker of the house of representatives. The report | ||
must include the following information regarding claims for tax | ||
refunds filed with the comptroller during the preceding state | ||
fiscal biennium, stated separately for each tax authorized by this | ||
title or Title 3: | ||
(1) the number of filed refund claims; | ||
(2) the number of filed refund claims not processed in | ||
the time required by Subsection (a); | ||
(3) the reason each claim described by Subdivision (2) | ||
was not timely processed; | ||
(4) the number of settlement agreements described by | ||
Subsection (a) that were executed; | ||
(5) the dollar amount of each settlement agreement | ||
described by Subdivision (4); and | ||
(6) any other information the comptroller considers | ||
relevant. | ||
SECTION 2. This Act applies to a claim for a refund made on | ||
or after the effective date of this Act, without regard to whether | ||
the taxes that are the subject of the claim were due before, on, or | ||
after that date. | ||
SECTION 3. This Act takes effect September 1, 2017. |