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).