ยง232-5 - Small claims.
ยง232-5ย Small claims.ย [L 2004, c
202, ยง19 amendment repealed June 30, 2010.ย L 2006, c 94, ยง1.] ย The
tax appeal court shall establish by rule a small claims procedure that, to the
greatest extent practicable, shall be informal.ย Any protesting taxpayer who
would incur a total tax liability, not including penalties and interest, of
less than $1,000, by reason of the protested assessment or payment in question,
may elect to employ the procedure upon:
(1)ย Payment per taxpayer of a non-refundable filing
fee set pursuant to rules adopted by the supreme court, which shall not exceed
$25; and
(2)ย Filing with the tax appeal court a written
statement of the facts in the case, together with a waiver of the right to
further appeal.
The tax appeal court shall cause a notice of the
appeal and a copy of the statement to be served on the director of taxation. [L
1967, c 231, ยง6; HRS ยง232-5; am L 1997, c 152, ยง1; am L 2004, c 202, ยง19]
Note
ย L 2004, c 202, ยง82 provides:
ย "SECTION 82.ย Appeals pending in the supreme court as of
the effective date of this Act [July 1, 2006] may be transferred to the
intermediate appellate court or retained at the supreme court as the chief
justice, in the chief justice's sole discretion, directs."
Cross References
ย Payments under protest, see ยง40-35.
Rules of Court
ย Small claims procedure, see Rules of the Tax Appeal Court,
part II.