What happens to taxes paid while an appeal is pending

A. 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 into the litigated claims account. If the final determination is in whole or in part in favor of the appealing taxpayer, the director shall repay the appealing taxpayer out of the account, or if investment of the account should result in a deficit therein, out of the general fund of the County, the amount of the tax paid upon the amount held by the court to have been excessive or nontaxable. Interest at a rate based on the average rate of return earned on County investments during the previous fiscal year, rounded down to the nearest one-hundredth of a percent, shall be paid to the appealing taxpayer who has made payment unless otherwise agreed to by the appealing taxpayer and the director. Interest shall be calculated from the date taxes are paid in full as provided in section 3.48.195 . The balance, if any, of the payment made by the appealing taxpayer, or the whole of the payment, paid into the litigated claims account, in case the decision is wholly in favor of the assessor, shall, upon the final determination of the appeal, become a realization of the general fund. B. In a case of an appeal to a board of review, the tax paid 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 in a special account. In the event of final determination of the appeal in the board of review, the director shall repay to the appealing taxpayer out of the special account the amount of the tax paid upon the amount held by the board to have been excessive or nontaxable. Interest at a rate based on the average rate of return earned on County investments during the previous fiscal year, rounded down to the nearest one-hundredth of a percent, shall be paid to the appealing taxpayer who has made payment unless otherwise agreed to by the appealing taxpayer and the director. Interest shall be calculated from the date taxes are paid in full as provided in section 3.48.195 . Interest shall only be paid upon adjustments that result in an overpayment refund due to a board of review hearing decision. No interest shall be paid on adjustment refunds that are the result of a stipulation unless otherwise agreed to by the appealing taxpayer and the director. The balance, if any, of the payment made by the appealing taxpayer and paid into the special account or the whole of the payment paid into the special account, in case the decision is wholly in favor of the director, shall, upon the final determination of the appeal, become a realization of the general fund. (Ord. No. 3960, § 1, 2012; Ord. 3348 § 1, 2006; Ord. 1076 § 3 (part), 1980: prior code § 6-1.102)