Tax Refunds; Authority for the Department to Issue Without a Taxpayer Filing a Refund Claim in Certain Circumstances

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Sec. 1.5. (a) The department may issue a refund or credit without a taxpayer filing a refund claim in the event of:

(1) an error by the department;

(2) an error determined by the department; or

(3) a taxpayer's overpayment determined by the department under an audit or investigation.

(b) The department shall prescribe rules or guidelines to govern the circumstances under which the department may issue a refund or credit under this section.

(c) The department may not issue a refund or credit under this section if the period for filing a refund claim under this article has expired before the issuance of the refund or credit.

(d) Nothing in this section shall constitute a requirement that the department issue a refund or credit for an overpayment.

As added by P.L.212-2018(ss), SEC.28.


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