State Tax Commission Reorganized in Mississippi

The Mississippi State Tax Commission has been reorganized under new legislation. The Department of Revenue will now handle administrative functions. A newly established independent Board of Tax Appeals will now have authority over administrative appeals effective July 1, 2010. The Board of Tax Appeals will not be subject in any way to the supervision or control of the Department of Revenue. It will consist of three members, including a chairman and two associate members, who will be appointed by the Governor, along with approval by the Senate. The Board will have the power to adopt, amend, or repeal rules and regulations necessary to implement its duties.

Except for those powers and duties devolved upon the Board of Tax Appeals, the newly created office of Commissioner of Revenue, acting through the Department of Revenue, will exercise those powers and duties formerly assigned to the State Tax Commission. In addition to the reorganization of the State Tax Commission, the legislation also increases the statutory notice period for appealing assessments from thirty to sixty days, as well as the time period to pay certain tax assessments and damages. Also under this new legislation, surety bonds, which are required to be accompanied upon taxpayer appeal from an order of the Board of Tax Appeals, will be reduced from twice the amount in dispute to half the amount in dispute. (S.B. 2712, Laws 2009, effective as noted).

Posted on August 5, 2009