If more than the correct amount of tax, penalty, or interest is paid to the commissioner by an employer, the employer may file a claim for refund of the overpayment or may take credit for the overpayment against the tax reported on any quarterly return which the employer subsequently files. A refund or credit of the overpayment, however, shall be made only to the extent that the amount of overpayment exceeds the tax actually withheld and the penalty and interest on the tax. If more than the correct amount of tax, penalty, or interest is assessed and is not paid to the commissioner, the employer against whom the assessment is made may file a claim for abatement of the overassessment.
History. Ga. L. 1960, p. 7, § 16; Code 1933, § 91A-3914, enacted by Ga. L. 1978, p. 309, § 2.
Law reviews.
For note as to the voluntary payment doctrine in Georgia, see 16 Ga. L. Rev. 893 (1982).
Structure Georgia Code
Title 48 - Revenue and Taxation
Article 5 - Current Income Tax Payment
§ 48-7-100.1. Withholding of Income Tax From Retirement Benefits of Federal Annuitants
§ 48-7-101. Collection of Income Tax at Source; Withholding
§ 48-7-102. Withholding Exemption Status
§ 48-7-103. Quarterly, Monthly, and Jeopardy Returns; Tax Payments; Forms
§ 48-7-104. Period Adjustments for Incorrect Withholdings or Payments
§ 48-7-105. Statements of Wages Paid and Taxes Withheld to Employees; Time; Penalties; Enforcement
§ 48-7-108. Employer’s Liability
§ 48-7-111. Employer’s Records; Contents; Period of Preservation
§ 48-7-112. Employee Refunds and Credits; Procedures
§ 48-7-113. Employer Refunds and Credits; Procedure; Claim for Abatement of Overassessment
§ 48-7-114. Estimated Income Tax by Individuals; Procedures
§ 48-7-115. Time for Filing Estimated Income Tax by Individuals
§ 48-7-116. Installment Payments of Estimated Tax by Individuals
§ 48-7-117. Estimated Income Tax by Corporations
§ 48-7-119. Installment Payments of Estimated Tax by Corporations
§ 48-7-120. Failure by Taxpayer to Pay Estimated Income Tax
§ 48-7-122. Nondeductibility to Employer of Tax Deducted and Withheld
§ 48-7-125. Application of Article to Short Taxable Years
§ 48-7-126. Assessable Penalties and Interest