§232-24  Taxes paid pending appeal.  The
tax paid upon the amount of any assessment, actually in dispute and in excess
of that admitted by the taxpayer, and covered by an appeal to the tax appeal
court duly taken, shall, pending the final determination of the appeal, be paid
by the director of finance into the "litigated claims fund".  If the
final 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 investment
of the fund should result in a deficit therein, out of the general fund of the
State, the amount of the tax paid upon the amount held by the court to have
been excessive or nontaxable, together with interest at the rate of eight per
cent a year from the date of each payment into the litigated claims fund, the
interest 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, in
case the decision is wholly in favor of the assessor, shall, upon the final
determination 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 and
in excess of that admitted by the taxpayer, shall during the pendency of the
appeal and until and unless an appeal is taken to the tax appeal court, be held
by the director of finance in a special deposit.  In the event of final
determination of the appeal in the board of review, the director of finance
shall repay to the appealing taxpayer out of the deposit the amount of the tax
paid upon the amount held by the board to have been excessive or nontaxable, if
any, the balance, if any, or the whole of the deposit, in case the decision is
wholly in favor of the assessor, to become a realization under the tax law
concerned. [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 entitled
to earnings on taxes paid but not interest.  56 H. 655, 547 P.2d 581.