Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2018

Sales and Use Tax Annotations

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Annotation 465.0117


(2) Claims for Refund

465.0117 Date of Overpayment. A taxpayer erroneously charged tax reimbursement on a nontaxable sale and reported the tax on its second quarter 1992 return. It subsequently determined that the sale was not taxable and timely filed a claim for refund. It issued a credit or refund of the tax reimbursement to its customer in the third quarter 1996. The date of overpayment for purposes of the refund is the second quarter 1992 not the third quarter 1996. The tax is on the retailer and the date of overpayment is the date on which it erroneously remitted the overpayment of the tax. 1/31/97.