§ 59-1-1409. Definition -- Recomputation of amounts due -- Refunds allowed.

(1) As used in this section, "overpayment" means the amount by which a tax, fee, or charge a person pays exceeds the amount of tax, fee, or charge the person owes.

(2) If the commission determines that the correct amount of a tax, fee, or charge a person is required to remit is greater or less than the amount shown to be due on a return, the commission shall:

(a) recompute the tax, fee, or charge; and

(b) mail notice to the person:

(i) that the commission recomputed the tax, fee, or charge; and

(ii) in accordance with Section 59-1-1404.

(3) If the amount of a tax, fee, or charge a person pays exceeds the amount of tax, fee, or charge the person owes, the commission shall:

(a) credit the overpayment against any liability the person owes; and

(b) refund any balance to:

(i) the person; or

(ii)

(A) the person's assign;

(B) the person's personal representative;

(C) the person's successor; or

(D) a person similar to Subsections (3)(b)(ii)(A) through (C) as determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(4) The commission may not credit or refund interest on an overpayment to a person if the commission determines that the overpayment was made for the purpose of investment.

(5) If the commission erroneously determines an amount of tax, fee, or charge to be due from a person, the commission shall:

(a) authorize the amount to be cancelled upon the commission's records; and

(b) mail notice to the person:

(i) that the commission cancelled the amount upon the commission's records; and

(ii) in accordance with Section 59-1-1404.

Enacted by Chapter 212, 2009 General Session