53-19-317. Credit or refund for overpayment -- interest on overpayment.
53-19-317. Credit or refund for overpayment -- interest on overpayment. (1) If the department determines that the amount of fees, penalty, or interest paid for any year is more than the amount due, the amount of the overpayments must be credited against any fees, penalty, or interest then due from the service provider and the balance refunded to the service provider or the service provider's successor through reorganization, merger, or consolidation or to the service provider's shareholders upon dissolution.
(2) Except as provided in subsection (3), interest is allowed on overpayments at the same rate as is charged on deficiency assessments as provided in 15-1-216 from the due date of the return or from the date of overpayment, whichever date is later, to the date the department approved refunding or crediting of the overpayment.
(3) (a) Interest does not accrue during any period in which the processing of a claim for a refund is delayed more than 30 days by reason of failure of the service provider to furnish information requested by the department for the purpose of verifying the amount of the overpayment.
(b) Interest is not allowed if:
(i) the overpayment is refunded within 6 months from the date the return is due or from the date the return is filed, whichever is later; or
(ii) the amount of interest is less than $1.
(c) Only a payment made incident to a bona fide and orderly discharge of actual liability is considered an overpayment with respect to which interest is allowed.
History: En. Sec. 11, Ch. 325, L. 2007.