Arkansas Code Annotated

Ark. Code Ann. § 26-28-111 (2020)

Correction of errors

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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REAL PROPERTY TAX CORRECTION No. School Dist. City Name Address Date 20

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REMARKS I hereby certify that the above correction should be made by the Collector I hereby certify that the above correction has been made I hereby certify that the above correction will be incorporated in the final settlement Assessor Collector County Clerk

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PERSONAL PROPERTY TAX CORRECTION No. School Dist. City Name Address Date 20

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Description of Property Old Valuation Corrected Valuation Net Value Credit Net Value Debit Mill Net Tax Credit Net Tax Debit

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REMARKS I hereby certify that the above correction should be made by the Collector I hereby certify that the above correction has been made I hereby certify that the above correction will be incorporated in the final settlement Assessor Collector County Clerk

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History. Acts 1883, No. 114, § 74, p. 199; C. & M. Dig., § 9938; Pope's Dig., § 13722; Acts 1983, No. 875, §§ 1-3; A.S.A. 1947, §§ 84-811, 84-811n, 84-811.1; Acts 2017, No. 659, §§ 7, 8.

A.C.R.C. Notes. Acts 2017, No. 659, § 1, provided: “Legislative findings and intent.

“(a) The General Assembly finds that:

“(1) The normal burden of proof in civil actions before administrative authorities and in court is a preponderance of the evidence;

“(2) The General Assembly has previously clarified the burden of proof on taxpayers in state tax appeals to reduce standards of proof to a preponderance of the evidence;

“(3) It is in the best interests of the taxpayers in this state to follow the General Assembly's approach in previous sessions and clarify that the proper burden of proof in state tax appeals is the preponderance of the evidence; and

“(4) Prescribing training and education courses for members of county equalization boards and providing for uniform hearing procedures would improve the operation of county equalization boards and their ability to serve the taxpayers of this state.

“(b) The General Assembly intends:

“(1) For the preponderance of the evidence standard to apply in property tax administration and appeals;

“(2) To make additional clarifications to the law as a result of recent judicial decisions affecting the Arkansas Property Taxpayer Bill of Rights, § 26-23-201 et seq., adopted by the General Assembly in 1999;

“(3) To extend the limitation period for tax appeals subject to the jurisdiction of the Arkansas Public Service Commission; and

“(4) Improve the operation of county equalization boards.”

Amendments. The 2017 amendment redesignated former (c) as (c)(1), (c)(2)(B), and (c)(3); added (c)(2)(A); in (c)(1), deleted “actual and obvious errors on the tax books and related records, with such errors being restricted to” preceding “extension”; in (c)(2)(B), added “However, a correction under this section” and substituted “factual” for “actual and obvious”; added (d); and made stylistic changes.

Cross References. Arkansas Governmental Compliance Act, § 10-4-301 et seq.

Case Notes

Cited: Miller Land & Lumber Co. v. Gurley, 137 Ark. 146, 208 S.W. 426 (1918); DeSoto Gathering Co., LLC v. Hill, 2018 Ark. 103, 541 S.W.3d 415 (2018).

Notes of Decisions
Cited in 3 cases, 2011–2018 · leading case: Desoto Gathering Co. v. Hill, 541 S.W.3d 415 (Ark. 2018).
Desoto Gathering Co. v. Hill, 541 S.W.3d 415 (Ark. 2018). · cites it 4× “]" Ark. Code Ann. § 26-28-111 (c) (Repl. 2012).”
Comcast of Little Rock, Inc. v. Bradshaw, 2011 Ark. 431, 385 S.W.3d 137. · cites it 4× “Section 26-28-111(c) (Repl.1997) sets forth the following errors: actual and obvious errors on the tax books and related records, with such errors being restricted to extension errors, erroneous property descriptions, classifications, or listings, and shall not be utilized to…”
Outdoor Cap Co. v. Benton Cnty. Treasurer, 2014 Ark. 536, 453 S.W.3d 135. · cites it 2× “§§ 26-35-901 and 26-28-lll(c), we first review Ark. Code Ann. § 26-28-111 , “Manner of correcting errors.”
Ark. Code Ann. § 26-28-111(c): 2 cases
Comcast of Little Rock, Inc. v. Bradshaw, 2011 Ark. 431, 385 S.W.3d 137. “Section 26-28-111(c) (Repl.1997) sets forth the following errors: actual and obvious errors on the tax books and related records, with such errors being restricted to extension errors, erroneous property descriptions, classifications, or listings, and shall not be utilized to…”
Desoto Gathering Co. v. Hill, 541 S.W.3d 415 (Ark. 2018). “]" Ark. Code Ann. § 26-28-111 (c) (Repl. 2012).”
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