006.05.08 Ark. Code R. § 83 - OVERPAYMENTS AND REFUNDS - INTEREST ON OVERPAYMENTS AND REFUNDS:
A. After an
examination of a return, if it shall appear that a taxpayer has overpaid the
amount of tax required to be paid, then the excess so paid with interest at the
rate specified below may be refunded to the taxpayer. If the amount overpaid
was collected by the taxpayer from his customers, then the taxpayer must
establish that he has repaid the tax to persons from whom collected, or has
obtained the consent of such person to the allowance of the refund or credit.
The rate of interest on overpayments is ten percent (10%) per annum. If an
overpayment of tax is refunded by the Director within ninety (90) days after
the date provided for filing the return for the tax, no interest shall be
allowed on the overpayment.
B. If a
taxpayer believes an overpayment has occurred, an amended return or verified
claim for refund may be filed. The claim shall specify the name of the
taxpayer, the time when and the period for which the tax was paid, the amount
of tax claimed to have been erroneously overpaid, and the grounds upon which a
refund is claimed. The Director shall then determine what amount of refund is
due as soon as practicable after a claim has been filed, and in any event
within six (6) months after the filing of such claim. The Director shall then
make a written determination and give notice to the taxpayer concerning whether
a refund is due. If a refund is due, the Director shall certify that the claim
is to be paid to the taxpayer as provided by law and a refund check will be
issued.
C. No claim for refund will
be allowed if made after the expiration of the period of limitation for
assessment of additional tax.
Notes
Ark. Code Ann. §§ 26-18-507; 26-18-508
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