15-30-2531. Credits and refunds — period of limitations. (1) If the department determines by examination of an employer’s account, or upon claim filed by an employer, that the employer has overpaid the amount of tax, penalty, or interest, the amount of the overpayment may be refunded to the employer or applied to current or future obligations of any tax, penalty, or interest for any tax contained in this title at the discretion of the taxpayer.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(2)A credit or refund may be allowed only if the claim is filed or the determination is made within 3 years of the due date prescribed for filing a report or 1 year from the date of the notification of the overpayment by the department.

(3)The department shall notify the employer of the overpayment and the credit or refund options available to the employer. A credit must be applied to the employer account unless directed otherwise by the employer.

(4)If a claim is disallowed, the department shall notify the employer. The decision disallowing the claim is subject to review as provided in 15-1-211.

(5)Interest is:

(a)allowed on an overpayment at the same rate as charged for late tax payments under this part;

(b)payable from the due date of the payment or the date overpayment was verified, whichever is later;

(c)not payable if the overpayment is applied to current or future obligations with the department.

(6)Interest is not allowed if the overpayment is refunded within 45 days from the date the employer directs the department to refund the overpayment.

(7)If additional information is required to verify the amount of the overpayment, the 45-day period in subsection (6) does not begin until the information is provided.