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2017-01-02
CITY-OF-BATESVILLE
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2017-01-02
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5/24/2017 8:41:03 PM
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(c) Is not officially unsound or administratively burdensome; and <br /> (d) Is in compliance with state law. <br /> (2) The Commission is authorized to contract with third parties for all services necessary to <br /> conduct hearings by telephone, video, or other electronic means. <br /> (3) Any person who enters into a contract with the Commission to provide services to <br /> conduct bearings by telephone, video, or other electronic means shall be subject to the <br /> laws of the State of Arkansas. <br /> SECTION 20: Judicial relief. <br /> A) Within thirty (30) days after the issuance and service on the taxpayer of the notice and <br /> demand for payment of a deficiency in tax established by: (1) an audit determination that is <br /> not protested by the taxpayer; or (2) a final determination of the hearing officer or the <br /> Commission; taxpayer may seek judicial relief from the final determination by either: <br /> 1) Within one (1) year of the date of the final assessment, paying the amount of the A&P <br /> tax due, including any interest or penalties, for any taxable period or periods cover by <br /> the final assessment and filing suit to recover that amount within one (1) year of the <br /> date of payment. The Commission may proceed with collection activities including the <br /> filing of a certificate of indebtedness as authorized hereunder, within thirty (30) days of <br /> the issuance of the final assessment for any assessed but unpaid A&P taxes, penalties, <br /> or interest owed by the taxpayer for other taxable periods covered by the final <br /> assessment, while the suit for refund is being persuaded by taxpayer for other taxable <br /> periods covered by the final assessment; or <br /> (2) (a) Within thirty (30) days of the issuance and service on the taxpayer of the notice and <br /> demand for payments, filing with the Commission a bond in double the amount of <br /> the tax deficiency due, and by filing suit within (30) days thereafter to stay the <br /> effect of the Commission's determination. <br /> (b) The bond shall be subject to the condition that the taxpayer shall file suit within <br /> thirty (30) days after filing of the bond, shall faithfully and diligently prosecute the <br /> suit to a final determination, and shall pay any deficiency found by the court to be <br /> due and any court cost assessed against him. <br /> (c) A taxpayer's failure to file suit, diligently prosecute the suit, or pay any tax <br /> deficiency and court costs, as required by subsection A of this section, shall result <br /> in the forfeiture of the bond in the amount of the assessment and assessed court <br /> costs. <br /> B) Jurisdiction for a suit to contest a determination of the Commission under this section shall <br /> be in the Circuit Court of Independence County, where the matter shall be tried de novo. <br /> C) The method provided in this section shall be the sole altemative methods for seeking relief <br /> from a written decision of the Commission or hearing officer establishing a deficiency in the <br /> A&P tax. No injunction shall issue to stay proceedings for assessment or collection of any <br /> A&P taxes. <br />
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