If more than the correct amount of tax, penalty, or interest is paid to the commissioner by an employer, the employer may file a claim for refund of the overpayment or may take credit for the overpayment against the tax reported on any quarterly return which the employer subsequently files. A refund or credit of the overpayment, however, shall be made only to the extent that the amount of overpayment exceeds the tax actually withheld and the penalty and interest on the tax. If more than the correct amount of tax, penalty, or interest is assessed and is not paid to the commissioner, the employer against whom the assessment is made may file a claim for abatement of the overassessment.
(Ga. L. 1960, p. 7, § 16; Code 1933, § 91A-3914, enacted by Ga. L. 1978, p. 309, § 2.)
Law reviews.- For note as to the voluntary payment doctrine in Georgia, see 16 Ga. L. Rev. 893 (1982).
RESEARCH REFERENCES
C.J.S.
- 85 C.J.S., Taxation, § 2074 et seq.
ALR.
- Right to interest on tax refund or credit in absence of specific controlling statute, 76 A.L.R. 1012; 112 A.L.R. 1183; 88 A.L.R.2d 823.
When right to refund of state or local taxes accrues, within statute limiting time for applying for refund, 46 A.L.R.2d 1350.
Validity and applicability of statutory time limit concerning taxpayer's claim for state tax refund, 1 A.L.R.6th 1.