Sec. 12-739. Credit of overpayments.
Sec. 12-739. Credit of overpayments. (a)(1) The commissioner, within the applicable period of limitations may credit an overpayment of income tax and interest on
such overpayment against any liability in respect of any tax imposed by this state on
the person who made the overpayment, and the balance shall be refunded by the Treasurer out of the proceeds of the tax retained by him for such general purposes.
(2) For purposes of subsection (a) of this section, any taxes for general or special
purposes levied by a municipality, any taxes imposed under chapter 223 and payable
to such municipality, any fines, penalties, costs or fees payable to such municipality for
the violation of any lawful regulation or ordinance in furtherance of any general powers
as enumerated in section 7-148, or any charge payable to such municipality for connection with or for the use of a waterworks or sewerage system shall be treated as if they
were taxes due to the state, where, pursuant to section 12-2, an agreement exists between
the commissioner and the governing authority of such municipality providing for the
collection by the commissioner, on behalf of such municipality, of such taxes, fines,
penalties, costs or fees, or charges, provided such taxes, fines, penalties, costs or fees,
or charges are (A) unpaid and a period in excess of thirty days has elapsed following
the date on which they were due and (B) not the subject of a timely filed administrative
appeal or of a timely filed appeal pending before any court of competent jurisdiction.
(b) If the amount allowable as a credit for tax withheld from the taxpayer exceeds
the tax to which the credit relates, the excess shall be considered as overpayment.
(c) If there has been an overpayment of tax required to be deducted and withheld
under section 12-705, refund shall be made to the employer only to the extent that the
amount of the overpayment was not deducted and withheld by the employer.
(d) The commissioner may prescribe regulations providing for the crediting against
the estimated income tax for any taxable year of the amount determined to be an overpayment of the income tax for a preceding taxable year.
(June Sp. Sess. P.A. 91-3, S. 90, 168; P.A. 97-309, S. 17, 23; 97-322, S. 7, 9.)
History: June Sp. Sess. P.A. 91-3, S. 90, effective August 22, 1991, and applicable to taxable years of taxpayers
commencing on or after January 1, 1991; P.A. 97-309 amended Subsec. (a) to designate existing Subsec. as Subdiv. (1)
and added new Subdiv. (2) re treatment of municipal taxes as taxes due state if agreement entered into under Sec. 12-2,
effective July 1, 1997; P.A. 97-322 revised effective date of P.A. 97-309 to specify applicability to income years commencing on and after July 1, 1997.