View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0113...............................................by REVENUE AND TAXATION SALES TAX - Amends existing law to update and clarify the time and manner for obtaining refunds for overpayments of sales and use taxes; and to provide procedures. 01/29 House intro - 1st rdg - to printing 01/30 Rpt prt - to Rev/Tax
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 113 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO SALES TAXES; AMENDING SECTION 63-3626, IDAHO CODE, TO UPDATE AND 3 CLARIFY THE TIME AND MANNER FOR OBTAINING REFUNDS OF OVERPAYMENTS OF SALES 4 OR USE TAXES, TO PROVIDE PROCEDURES AND TO MAKE A TECHNICAL CORRECTION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 63-3626, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 63-3626. REFUNDS, LIMITATIONS, INTEREST. (a)If the tax commission deter-9mines thatSubject to the provisions of subsection (b) of this section, if any 10 amount due under this chapter has beenpaid more than once or has been errone-11ously or illegally collected or computed, the tax commission shall set forth12that fact in its records andoverpaid, the excess amountpaid or collectedmay 13 be credited on any amount then dueand payableto the state tax commission 14 from that person by whom the excess was paid and any balance refunded tothe15 that person.by whom it was paid or to his successors, administrators or exec-16utors; the tax commission is authorized and the state board of tax appeals17authorized to order the tax commission in proper cases to credit or refund18such amounts whether or not such payments have been paid under protest and19certify such refund to the state board of examiners.20 (b) (1) No such credit or refund shall be allowedor madeafter three (3) 21 years from the time the payment was made to the state tax commission, 22 unless before the expiration of such period a written claim therefor is 23 filed with the state tax commission by the taxpayer or by the taxpayer's 24 representative, but only if the taxpayer has authorized in writing the 25 representative to file a claim. 26 (2)The three (3) year period allowed by subsection (b)(1) of this sec-27tion for making refunds or credit claims shall not apply in cases where28 For periods in regard to which the state tax commission asserts a defi- 29 ciency under section 63-3629 or 63-3630, Idaho Code,. In such cases, no30credits or refunds shall be allowed or made aftera claim for refund, 31 relating to that period of deficiency, must be made on or before the later 32 of: 33 (i)Three (3) years from the time the payment was madeThe date 34 provided in subsection (b)(1) of this section; or 35 (ii) The date upon whichamounts asserted by deficiency become36assessed; unless before the expiration of such period a claim there-37fore is filed by the taxpayerany administrative or judicial proceed- 38 ing relating to such deficiency is finally resolved; or 39 (iii) The date specified in any agreement under section 63-3633(g), 40 Idaho Code. 41 (3) In the case of claim for refund by a seller for an amount erroneously 42 collected by the seller from a purchaser, no refund shall be paid unless 43 such excess amount is refunded to the purchaser. 2 1 (4) A taxpayerdesiringclaiming a refund of amounts paid in obedience to 2 such deficiencies must do so by appealing within the time limits pre- 3 scribed in sections 63-3631 and 63-3049, Idaho Code. 4 (c) Interest shall be allowed on the amount of such credits or refunds at 5 the rate provided in section 63-3045, Idaho Code, from the date such tax was 6 paid to the state tax commission. 7 (d) If the state tax commission denies a claim for refund in whole or in 8 part, it shall provide notice of the denial in the manner provided in section 9 63-3629(c), Idaho Code. The claimant may petition the state tax commission for 10 a redetermination of the denial as provided in section 63-3631, Idaho Code. 11 The tax commission shall issue a final decision pursuant to the requirements 12 of section 63-3045B, Idaho Code. Appeal of a tax commission decision denying 13 in whole or in part a claim for refund shall be made in accordance with and 14 within the time limits prescribed in section 63-3632049, Idaho Code.
STATEMENT OF PURPOSE R.S. 10469 This bill updates and clarifies the statute of limitations on claiming refunds of overpayments of sales and use taxes. The bill: Extends the statute of limitations for refunds when the State Tax Commission asserts additional liability. Provides for written waiver of the statute of limitations by the taxpayer and the State Tax Commission. Clarifies that taxes erroneously collected for a purchaser must be refunded to the purchaser. Specifies procedures for review of denied refund claims. Deletes excess language and corrects a cross reference. FISCAL NOTE None CONTACT Name: Dan John/Ted Spangler Agency: State Tax Commission Phone: 334-7530 STATEMENT OF PURPOSE/FISCAL NOTE BILL No. H11