In the event that any fees, taxes, penalties or interest imposed by this chapter shall have been erroneously collected from the motor carrier, the Department of Transportation may, upon request of the motor carrier, permit such motor carrier to take credit against a subsequent tax report in the amount of the erroneous overpayment, or, the Department may certify to the State Treasurer the amount of fees, taxes, penalties and/or interest erroneously collected by the Department. The State Treasurer shall thereupon draw a warrant for such certified amount made payable to the motor carrier.
No refund of any taxes, fees, penalties or interest imposed under this chapter may be obtained except by filing a written claim with the Department before the expiration of 1 year from the earlier of:
(1) The date of the payment; or
(2) The date the payment was required to be made.
The claim must be in such form as may be prescribed by the Department, and shall specifically set forth the circumstances entitling the claimant to the refund.
Structure Delaware Code
Chapter 52. MOTOR CARRIERS FUEL PURCHASE LAW
§ 5204. Credit for motor fuel tax payment.
§ 5207. Calculation of amount of fuel used in State.
§ 5208. Report requirements; exemptions.
§ 5211. Vehicle marker; fee; penalty assessments payable by mail; victims' compensation tax.
§ 5214. Filing of bond; refund provisions.
§ 5215. False statements; penalties.
§ 5216. Departure or removal of property from State or discontinuing business; arbitrary assessment.
§ 5217. Failure to report or pay tax; penalty; interest.
§ 5218. Time for payment of taxes, penalties and interest; additional penalty.
§ 5220. Failure to pay tax; determination; redetermination; review.
§ 5222. Availability of records of other agencies; exchange of information with other jurisdictions.
§ 5223. Regulations; promulgation by Secretary of Transportation.
§ 5224. Exempt vehicles; carriers.
§ 5225. Exemption; reciprocal agreements.
§ 5226. Failure to comply with other statutes.
§ 5227. Collection of bad checks; service charge; interest.