§232-24  Taxes paid pending appeal.  Thetax paid upon the amount of any assessment, actually in dispute and in excessof that admitted by the taxpayer, and covered by an appeal to the tax appealcourt duly taken, shall, pending the final determination of the appeal, be paidby the director of finance into the "litigated claims fund".  If thefinal determination is in whole or in part in favor of the appealing taxpayer,the director of finance shall repay to the taxpayer out of the fund, or if investmentof the fund should result in a deficit therein, out of the general fund of theState, the amount of the tax paid upon the amount held by the court to havebeen excessive or nontaxable, together with interest at the rate of eight percent a year from the date of each payment into the litigated claims fund, theinterest to be paid from the general fund of the State.  The balance, if any,of the payment made by the appealing taxpayer, or the whole of the payment, incase the decision is wholly in favor of the assessor, shall, upon the finaldetermination become a realization under the tax law concerned.

In a case of an appeal to a board of review,the tax paid, if any, upon the amount of the assessment actually in dispute andin excess of that admitted by the taxpayer, shall during the pendency of theappeal and until and unless an appeal is taken to the tax appeal court, be heldby the director of finance in a special deposit.  In the event of finaldetermination of the appeal in the board of review, the director of financeshall repay to the appealing taxpayer out of the deposit the amount of the taxpaid upon the amount held by the board to have been excessive or nontaxable, ifany, the balance, if any, or the whole of the deposit, in case the decision iswholly in favor of the assessor, to become a realization under the tax lawconcerned. [L 1932 2d, c 40, pt of §64; RL 1935, pt of §1958; RL 1945, §5219;am L 1951, c 224, §2; am L 1953, c 125, §5; RL 1955, §116-21; am L Sp 1959 2d,c 1, §14; am L 1963, c 114, §1; am L 1967, c 134, §3; HRS §232-24; gen ch 1985;am L 2000, c 199, §1]

 

Case Notes

 

  Taxpayer who successfully appeals to board of review entitledto earnings on taxes paid but not interest.  56 H. 655, 547 P.2d 581.