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Download the Board book as a PDF here. (6MB) - State Bar of Georgia

Download the Board book as a PDF here. (6MB) - State Bar of Georgia

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"Commissioner") h<strong>as</strong> an <strong>of</strong>fice. The Tribunal may, but is not required to, conduct hearings at itsprincipal location. It may also hold hearings at any place within <strong>Georgia</strong>, with <strong>the</strong> purpose <strong>of</strong><strong>of</strong>fering taxpayers a re<strong>as</strong>onable opportunity to appear before <strong>the</strong> Tribunal with <strong>as</strong> littleinconvenience and expense <strong>as</strong> possible. When it holds hearings outside its principal FultonCounty location, <strong>the</strong> Tribunal will do so in a place that is physically separate from any buildingregularly occupied by <strong>the</strong> Commissioner.On and after January 1, 2013, <strong>the</strong> Tax Tribunal will have concurrent jurisdiction over taxmatters with <strong>the</strong> superior courts. The purpose <strong>of</strong> providing concurrent jurisdiction with <strong>the</strong>superior courts is to ensure that taxpayers have access to <strong>the</strong> judicial court system while having<strong>the</strong> additional option <strong>of</strong> pursuing tax claims with a specialty court. The Tribunal will not havejurisdiction over matters arising under Title 3 (Alcoholic Beverages) or Title 40 (Motor Vehicles& Traffic) <strong>of</strong> <strong>the</strong> <strong>Georgia</strong> Code.C. No Pay-To-Play RequirementTaxpayers may bring claims before <strong>the</strong> Tax Tribunal without being required to pay any<strong>as</strong>sessed taxes <strong>as</strong> a prerequisite. A taxpayer will not be required to provide a surety bond oro<strong>the</strong>r security for any amounts that may be in dispute before <strong>the</strong> Tribunal.• The types <strong>of</strong> taxes that may be appealed to <strong>the</strong> Tax Tribunal include <strong>the</strong>following:• Centrally <strong>as</strong>sessed real property taxes• Sales and use taxes• Corporate income taxes• Personal income taxes• Real estate transfer taxes• Intangible recording taxesIn addition to <strong>the</strong> regular division, <strong>the</strong> Tax Tribunal will have a small claims division. Ataxpayer may, within 90 days <strong>of</strong> filing a petition for relief with <strong>the</strong> Tribunal, elect to have <strong>the</strong>small claims division hear its c<strong>as</strong>e if <strong>the</strong> amount <strong>of</strong> tax and penalties at issue, exclusive <strong>of</strong>interest, is less than a threshold amount under <strong>the</strong> Tribunal's rules.A taxpayer may designate accountants and o<strong>the</strong>r tax return preparers to accompany andappear with <strong>the</strong> taxpayer before <strong>the</strong> small claims division to provide factual informationregarding positions taken on tax returns. Such accountants and o<strong>the</strong>r tax return preparers will notbe deemed to be acting <strong>as</strong> advocates <strong>of</strong> <strong>the</strong> taxpayer.III.TAX TRIBUNAL RECEPTIONThe Tax Section held a reception to celebrate <strong>the</strong> creation <strong>of</strong> <strong>the</strong> Tax Tribunal on May 16,2012 at <strong>the</strong> law <strong>of</strong>fices <strong>of</strong> Jones Day in Atlanta. <strong>State</strong> Representative Allen Peake, whosponsored House Bill 100, attended <strong>the</strong> reception. In addition, <strong>the</strong>re w<strong>as</strong> a discussion on how <strong>the</strong>Tax Tribunal will work, Tax Tribunal developments and what it means to companies, taxpractitioners and clients. The event w<strong>as</strong> well attended by individuals that helped get <strong>the</strong> Tribunalcreated <strong>as</strong> well <strong>as</strong> individuals interested in how <strong>the</strong> Tribunal will impact <strong>Georgia</strong> taxpayers.ATI-2556257vl308

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