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3-4-503. Suits to restrain collection — Refunds.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-4-503. Suits to restrain collection — Refunds.
(a) No suit shall be maintained in any court to restrain or delay the collection or payment of any fee or tax levied by this act.
(b) The aggrieved taxpayer or permittee shall pay the tax or fee as and when required and may at any time within two (2) years from the date of payment sue the state through its agent, the Auditor of State, in an action at law in any state or federal court otherwise having jurisdiction of the parties and subject matter for the recovery of the tax or fee paid with legal interest thereon from the date of payment.
(c)(1) If it is finally determined that the tax or fee or any part thereof was wrongfully collected, for any reason, it shall be the duty of the Auditor of State to issue his or her warrant on the Treasurer of State for the amount of the tax or fee so adjudged to have been wrongfully collected, together with legal interest thereon.
(2) The Treasurer of State shall pay the Auditor of State's warrant at once out of the General Revenue Fund Account of the state in preference to other warrants or claims against the state.
(d) A separate suit need not be filed for each individual payment made by any taxpayer, but a recovery may be had in one (1) suit for as many payments as may have been made.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-4-503
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:3-4-503
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 371d1592b492958bd7854fd242ca6ad0476fb102e993df51216121dd2f44785e
Source location: content.xml paragraph 2400
Stored source content
3-4-503. Suits to restrain collection — Refunds.
(a) No suit shall be maintained in any court to restrain or delay the collection or payment of any fee or tax levied by this act.
(b) The aggrieved taxpayer or permittee shall pay the tax or fee as and when required and may at any time within two (2) years from the date of payment sue the state through its agent, the Auditor of State, in an action at law in any state or federal court otherwise having jurisdiction of the parties and subject matter for the recovery of the tax or fee paid with legal interest thereon from the date of payment.
(c)(1) If it is finally determined that the tax or fee or any part thereof was wrongfully collected, for any reason, it shall be the duty of the Auditor of State to issue his or her warrant on the Treasurer of State for the amount of the tax or fee so adjudged to have been wrongfully collected, together with legal interest thereon.
(2) The Treasurer of State shall pay the Auditor of State's warrant at once out of the General Revenue Fund Account of the state in preference to other warrants or claims against the state.
(d) A separate suit need not be filed for each individual payment made by any taxpayer, but a recovery may be had in one (1) suit for as many payments as may have been made.
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