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SB 17-112

signed

Sales & Use Tax Payment To Wrong Local Government

Plain-English Summary

AI-generated

Senate Bill 17-112 addresses a situation where someone pays sales or use tax to the wrong local government and aims to clarify how disputes over such payments should be resolved. The bill ensures that if there's a dispute, taxpayers won't have to pay the disputed amount twice due to limitations on when these disputes can be raised. It clarifies that statutes of limitations do not apply to this specific process for resolving tax payment errors. Since it has been signed into law, taxpayers now have more protection against double payments in such cases.

Official Summary

The bill seeks to clarify the general assembly's intent when it enacted a dispute resolution process in 1985 to address a situation when a taxpayer paid a sales and use tax to one local government when it should have instead paid that disputed amount to a different local government. A recent court case applied the statute of limitations to this dispute resolution process, resulting in the taxpayer having to pay the disputed amount twice to 2 different local governments. The bill specifies that any statutes of limitations, either local, state, or in intergovernmental transfer agreements, do not apply to the remedies set forth in law. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Details

Chamber
Senate
First action
2017-04-18
Latest action
2017-01-27
Last action desc.
Introduced In Senate - Assigned to Finance
OpenStates
View source ↗

Related Legislation

This bill affects (0)

None found.

Affected by (24)

amends
HB 24-1349(2024A)· signed
Firearms & Ammunition Excise Tax
amends
HB 18-1304(2018A)· signed
DOR Department Of Revenue Enforcement Measures Collection Of Tax Owed
amends
HB 23-1277(2023A)· signed
Reporting Adjustments To Taxable Income
amends
SB 22-032(2022A)· signed
Simplify Local Sales & Use Tax Administration
amends
SB 24-230(2024A)· signed
Oil & Gas Production Fees
amends
HB 24-1041(2024A)· signed
Streamline Filing Sales & Use Tax Returns
amends
HB 22-1312(2022A)· signed
Modifications To Sales Tax Statutes To Address Defects
relates
HB 24-1295(2024A)· signed
Creative Industry Community Revitalization Incentives
relates
HB 18-1084(2018A)· signed
County Lodging Tax Revenue Allowable Uses
relates
HB 23-1240(2023A)· signed
Sales Use Tax Exemption Wildfire Disaster Construction
relates
HB 24-1325(2024A)· signed
Tax Credits for Quantum Industry Support
relates
HB 25-1144(2025A)· signed
Repeal Retail Delivery Fees
relates
HB 22-1117(2022A)· signed
Use Of Local Lodging Tax Revenue
relates
HB 24-1365(2024A)· signed
Opportunity Now Grants & Tax Credit
relates
SB 22-124(2022A)· signed
SALT Parity Act
relates
HB 24-1125(2024A)· signed
Tax Credit Commercial Building Conversion
relates
HB 23-1101(2023A)· signed
Ozone Season Transit Grant Program Flexibility
relates
SB 23-143(2023A)· signed
Retail Delivery Fees
relates
HB 22-1118(2022A)· signed
Sales And Use Tax Refunds
relates
HB 26-1266(2026A)· failed
Repeal Retail Delivery Fees
repeals
SB 24-025(2024A)· signed
Update Local Government Sales & UseTax Collection
repeals
HB 23-1240(2023A)· signed
Sales Use Tax Exemption Wildfire Disaster Construction
repeals
HB 22-1118(2022A)· signed
Sales And Use Tax Refunds
repeals
HB 23-1251(2023A)· signed
Repeal Of Obsolete Provisions In Title 39

Votes

Refer Senate Bill 17-112, as amended, to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
2017-03-22 · House · passYes: 5 · No: 0 · Other:
Adopt amendment L.003. The motion passed without objection.
2017-03-22 · House · passYes: 0 · No: 0 · Other:
Refer Senate Bill 17-112, as amended, to the Committee of the Whole. The motion passed on a vote of 13-0.
2017-03-22 · House · passYes: 13 · No: 0 · Other:
Adopt amendment L.001. The motion passed without objection.
2017-03-22 · House · passYes: 0 · No: 0 · Other: