2006 Kentucky Revised Statutes - .235   Action interfering with collection or payment prohibited -- Limitation on refund of taxes.

141.235 Action interfering with collection or payment prohibited -- Limitation on refund of taxes. (1) No suit shall be maintained in any court to restrain or delay the collection or payment of the tax levied by this chapter. (2) Any tax collected pursuant to the provisions of this chapter may be refunded or credited in accordance with the provisions of KRS 134.580, except that: (a)  In any case where the assessment period contained in KRS 141.210 has been extended by an agreement between the taxpayer and the department, the limitation contained in this subsection shall be extended accordingly. (b)  If the claim for refund or credit relates directly to adjustments resulting from a federal audit, the taxpayer shall file a claim for refund or credit within the time provided for in this subsection or six (6) months from the conclusion of the federal audit, whichever is later. (c)  If the claim for refund or credit relates to an overpayment attributable to a net operating loss carryback or capital loss carryback, resulting from a loss which occurs in a taxable year beginning after December 31, 1993, the claim for refund or credit shall be filed within the times prescribed in this subsection for the taxable year of the net operating loss or capital loss which results in the carryback. For the purposes of this subsection and subsection (3) of this section, a return filed before the last day prescribed by law for filing the return shall be considered as filed on the last day. (3) Overpayments of taxes collected pursuant to KRS 141.300, 141.310, or 141.315 shall be refunded or credited with interest at the tax interest rate as defined in KRS 131.010(6). The interest shall not begin to accrue until ninety (90) days after the tax was paid, the return was filed, or the last day prescribed by law for filing the return, whichever is later. (4) Exclusive authority to refund or credit overpayments of taxes collected pursuant to this chapter is vested in the commissioner or his authorized agent. Amounts directed to be refunded shall be paid out of the general fund. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 85, sec. 492, effective June 20, 2005. -- Amended 1996 Ky. Acts ch. 344, sec. 6, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 106, sec. 3, effective July 15, 1994. -- Amended 1982 Ky. Acts ch. 452, sec. 25, effective July 1, 1982. --Amended 1976 Ky. Acts ch. 155, sec. 13. -- Amended 1972 Ky. Acts ch. 203, sec. 18. -- Amended 1970 Ky. Acts ch. 216, sec. 8. -- Amended 1966 Ky. Acts ch. 176, Part I, sec. 10. -- Amended 1962 Ky. Acts ch. 124, sec. 5. -- Amended 1954 Ky. Acts ch. 79, sec. 19. -- Created 1948 Ky. Acts ch. 93, sec. 10. Page 1 of 1