(a) In the case of any overpayment, the Director, within the applicable period of limitations, may credit the amount of such overpayment, including any interest allowed thereon, against any liability in respect of any tax imposed by the tax laws of this State on the person who made the overpayment, and the balance shall be refunded by the Director to such person.
(b) If the amount allowable as a credit for tax withheld from the taxpayer exceeds the tax to which the credit relates, the excess shall be considered an overpayment by the taxpayer for purposes of subsection (a) of this section.
(c) (1) If more than the correct amount of tax required to be paid under the provisions of § 1154 of this title is paid with respect to any payment of remuneration, proper adjustments, with respect to both the tax and the amount to be deducted, shall be made, without interest, in such manner and at such times as the Director may by regulations prescribe.
(2) If more than the correct amount of tax required to be paid under the provisions of § 1154 of this title is paid or deducted with respect to any payment of remuneration and the overpayment cannot be adjusted under paragraph (c)(1) of this section, the amount of the overpayment shall be refunded to the employer, subject to the limitations of paragraph (c)(3) of this section, with interest calculated from the forty-sixth day following the date of the claim for the refund, and in such manner and at such times (subject to the statute of limitations properly applicable thereto) as the Director may by regulations prescribe.
(3) In the case of an overpayment of tax required to be deducted and withheld under § 1151 of this title, refund or credit shall be made to the employer only to the extent that the amount of such overpayment was not deducted and withheld by the employer.
(d) If any amount of tax is assessed or collected after the expiration of the period of limitations properly applicable thereto, such amount shall be considered an overpayment for purposes of subsection (a) of this section.
Structure Delaware Code
Chapter 5. PROCEDURE, ADMINISTRATION AND ENFORCEMENT
Subchapter III. Procedure and Administration
§ 522. Assessment final if no protest.
§ 524. Notice of determination after protest.
§ 525. Determination of Director final.
§ 527. Evidence of related federal determination.
§ 529. Time for performing certain acts postponed by reason of service in combat zone.
§ 531. Limitations on assessment.
§ 532. Recovery of erroneous refund.
§ 533. Interest on underpayment.
§ 534. Failure to file tax return or to pay tax.
§ 535. Fraud and other penalties.
§ 536. Accuracy-related penalty.
§ 537. Authority to make credits or refunds.
§ 539. Limitations on credit or refund.
§ 540. Interest on overpayments.
§ 541. Form of claims for credit or refund; amendments.
§ 542. Notice of disallowance; finality.
§ 543. Claim for credit or refund or protest deemed disallowed.
§ 544. Review of determinations of Director on protests.
§ 545. Collection of debts owed to certain State agencies.
§ 546. Voluntary Tax Compliance Initiative.
§ 547. Professional and occupational licenses; denial or suspension.
§ 548. Paid tax preparers; required information on returns and claims for refund.