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2006 Utah Code - 59-7-522 — Overpayments.
59-7-522. Overpayments.
(1) Where there has been an overpayment of any tax imposed by this chapter, the amount of such overpayment and interest calculated at the rate and in the manner prescribed in Section 59-1-402 shall be credited against any tax then due from the taxpayer under this chapter, and any balance shall be refunded immediately to the taxpayer.
(2) (a) Except as provided in Subsection (2)(b), the commission may not make a credit or refund unless the taxpayer files a claim with the commission within three years from the date of overpayment.
(b) Notwithstanding Subsection (2)(a), beginning on July 1, 1998, the commission shall extend the period for a taxpayer to file a claim under Subsection (2)(a) if:
(i) the three-year period under Subsection (2)(a) has not expired; and
(ii) the commission and the taxpayer sign a written agreement:
(A) authorizing the extension; and
(B) providing for the length of the extension.
(3) If the claim for credit or refund relates to an overpayment attributable to a net loss carryback adjustment as provided in Section 59-7-110, in lieu of the three-year period provided for in Subsection (2)(a), the period shall be that period which ends with the expiration of the 15th day of the 40th month following the end of the taxable year of the net loss which results in the carryback.
(4) Where an overpayment relates to adjustments to federal taxable income referred to in Section 59-7-519, credit may be allowed or a refund paid any time before the expiration of the period within which a deficiency may be assessed.
(5) The amount of the credit or refund may not exceed the portion of the tax paid during the three years immediately preceding the filing of the claim, or if no claim was filed, then during the two years immediately preceding the allowance of the credit or refund.
(6) Except as provided in Subsections (3) and (4), if on appeal a court finds that there is no deficiency and further finds that the taxpayer has made an overpayment of tax in respect of the taxable year in respect to which the commission determined the deficiency, the court shall have jurisdiction to determine the amount of the overpayment and that amount shall, when the court's decision has become final, be credited or refunded to the taxpayer. A credit or refund may not be made of any portion of the tax paid more than three years before the filing of the claim or the filing of the appeal or petition, whichever is earlier.
(1) Where there has been an overpayment of any tax imposed by this chapter, the amount of such overpayment and interest calculated at the rate and in the manner prescribed in Section 59-1-402 shall be credited against any tax then due from the taxpayer under this chapter, and any balance shall be refunded immediately to the taxpayer.
(2) (a) Except as provided in Subsection (2)(b), the commission may not make a credit or refund unless the taxpayer files a claim with the commission within three years from the date of overpayment.
(b) Notwithstanding Subsection (2)(a), beginning on July 1, 1998, the commission shall extend the period for a taxpayer to file a claim under Subsection (2)(a) if:
(i) the three-year period under Subsection (2)(a) has not expired; and
(ii) the commission and the taxpayer sign a written agreement:
(A) authorizing the extension; and
(B) providing for the length of the extension.
(3) If the claim for credit or refund relates to an overpayment attributable to a net loss carryback adjustment as provided in Section 59-7-110, in lieu of the three-year period provided for in Subsection (2)(a), the period shall be that period which ends with the expiration of the 15th day of the 40th month following the end of the taxable year of the net loss which results in the carryback.
(4) Where an overpayment relates to adjustments to federal taxable income referred to in Section 59-7-519, credit may be allowed or a refund paid any time before the expiration of the period within which a deficiency may be assessed.
(5) The amount of the credit or refund may not exceed the portion of the tax paid during the three years immediately preceding the filing of the claim, or if no claim was filed, then during the two years immediately preceding the allowance of the credit or refund.
(6) Except as provided in Subsections (3) and (4), if on appeal a court finds that there is no deficiency and further finds that the taxpayer has made an overpayment of tax in respect of the taxable year in respect to which the commission determined the deficiency, the court shall have jurisdiction to determine the amount of the overpayment and that amount shall, when the court's decision has become final, be credited or refunded to the taxpayer. A credit or refund may not be made of any portion of the tax paid more than three years before the filing of the claim or the filing of the appeal or petition, whichever is earlier.
Amended by Chapter 299, 1998 General Session
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