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03 LC 18 2267
House Bill 137
By: Representatives Day of the 126th and Stephens of the 123rd
By: Representatives Day of the 126th and Stephens of the 123rd
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Code Section 48_2_35 of the Official Code of
Georgia Annotated, relating to refunds, so as to change certain provisions
regarding the rate of interest to be paid; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Code Section 48_2_35 of the Official Code of Georgia
Annotated, relating to refunds, is amended by striking subsection (a) and
inserting in its place a new subsection (a) to read as
follows:
"(a) A taxpayer shall be refunded any and all taxes or fees which are determined to have been erroneously or illegally assessed and collected from such taxpayer under the laws of this state, whether paid voluntarily or involuntarily, and shall be refunded interest on the amount of the taxes or fees at the rate of1 .5 percent per month from the date of payment of the
tax or fee to the commissioner. For the purposes of this Code section, any
period of less than one month shall be considered to be one month. Refunds shall
be drawn from the treasury on warrants of the Governor issued upon itemized
requisitions showing in each instance the person to whom the refund is to be
made, the amount of the refund, and the reason for the
refund."
"(a) A taxpayer shall be refunded any and all taxes or fees which are determined to have been erroneously or illegally assessed and collected from such taxpayer under the laws of this state, whether paid voluntarily or involuntarily, and shall be refunded interest on the amount of the taxes or fees at the rate of
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.