63-3626. REFUNDS, LIMITATIONS, INTEREST. (a) Subject to the provisions of subsection (b) of this section, if any amount due under this chapter has been overpaid, the excess amount may be credited on any amount then due to the state tax commission from the person by whom the excess was paid and any balance refunded to that person.
(b) (1) No such credit or refund shall be allowed after three (3) years from the time the payment was made to the state tax commission, unless before the expiration of such period a written claim therefor is filed with the state tax commission by the claimant or the claimant’s representative, but only if the claimant has authorized in writing the representative to file a claim.
(2) For periods in regard to which the state tax commission asserts a deficiency under section 63-3629 or 63-3630, Idaho Code, a claim for refund, relating to the period to which the deficiency relates, must be made on or before the later of:
(i) The date provided in subsection (b)(1) of this section; or
(ii) The date upon which any administrative or judicial proceeding relating to such deficiency is finally resolved; or
(iii) The date specified in any agreement under section 63-3633(g), Idaho Code.
(3) A taxpayer claiming a refund of amounts paid in obedience to such deficiencies must do so by appealing within the time limits prescribed in sections 63-3631 and 63-3049, Idaho Code.
(c) Interest shall be allowed on the amount of such credits or refunds at the rate provided in section 63-3045, Idaho Code, from the date such tax was paid to the state tax commission.
(d) If the state tax commission denies a claim for refund in whole or in part, it shall provide notice of the denial in the manner provided in section 63-3629(c), Idaho Code. The claimant may petition the state tax commission for a redetermination of the denial as provided in section 63-3631, Idaho Code. The state tax commission shall issue a final decision pursuant to the requirements of section 63-3045B, Idaho Code. Appeal of a tax commission decision denying in whole or in part a claim for refund shall be made in accordance with and within the time limits prescribed in section 63-3049, Idaho Code.
History:
[63-3626, added 1965, ch. 195, sec. 26, p. 408; am. 1970, ch. 223, sec. 1, p. 630; am. 1971, ch. 214, sec. 2, p. 936; am. 1980, ch. 11, sec. 1, p. 24; am. 1981, ch. 290, sec. 4, p. 599; am. 1991, ch. 176, sec. 8, p. 438; am. 1992, ch. 16, sec. 8, p. 48; am. 1997, ch. 62, sec. 7, p. 129; am. 2002, ch. 38, sec. 1, p. 85.]
Structure Idaho Code
Title 63 - REVENUE AND TAXATION
Section 63-3601 - TITLE OF ACT.
Section 63-3602 - DEFINITIONS.
Section 63-3604 - IN THIS STATE — IN THE STATE.
Section 63-3604B - INCLUDES AND INCLUDING.
Section 63-3605E - MARKETPLACE FACILITATOR.
Section 63-3605J - MODULAR BUILDING.
Section 63-3605L - MOTOR VEHICLE.
Section 63-3606 - NEW MANUFACTURED HOME.
Section 63-3606C - NEW PARK MODEL RECREATIONAL VEHICLE.
Section 63-3607A - PRIMARY OR PRIMARILY.
Section 63-3609 - RETAIL SALE — SALE AT RETAIL.
Section 63-3611 - RETAILER ENGAGED IN BUSINESS IN THIS STATE.
Section 63-3613 - SALES PRICE.
Section 63-3615 - STORAGE — USE.
Section 63-3615A - SUBSTANTIAL NEXUS.
Section 63-3616 - TANGIBLE PERSONAL PROPERTY.
Section 63-3619 - IMPOSITION AND RATE OF THE SALES TAX.
Section 63-3620 - PERMITS — ISSUANCE — REVOCATION — PENALTIES.
Section 63-3620B - AGREEMENTS TO COLLECT AND REMIT SALES TAX.
Section 63-3620C - PROMOTER SPONSORED EVENTS.
Section 63-3620E - COLLECTION OF TAX BY MARKETPLACE FACILITATORS.
Section 63-3621 - IMPOSITION AND RATE OF THE USE TAX — EXEMPTIONS.
Section 63-3621A - USE TAX ON TRANSIENT EQUIPMENT.
Section 63-3622 - EXEMPTIONS — EXEMPTION CERTIFICATES AND RESALE CERTIFICATES — PENALTIES.
Section 63-3622A - PROHIBITED TAXES.
Section 63-3622B - OUT-OF-STATE CONTRACTS.
Section 63-3622C - MOTOR FUELS SUBJECT TO TAX.
Section 63-3622D - PRODUCTION EXEMPTION.
Section 63-3622E - CONTAINERS.
Section 63-3622G - HEATING MATERIALS.
Section 63-3622I - LITERATURE.
Section 63-3622J - SCHOOL, CHURCH AND SENIOR CITIZEN MEALS.
Section 63-3622K - OCCASIONAL SALES.
Section 63-3622L - DE MINIMIS SALES.
Section 63-3622M - LIQUOR SALES.
Section 63-3622N - PRESCRIPTIONS.
Section 63-3622O - EXEMPT PRIVATE AND PUBLIC ORGANIZATIONS.
Section 63-3622P - PURCHASES SHIPPED OUT-OF-STATE BY A COMMON CARRIER.
Section 63-3622Q - OUT-OF-STATE SHIPMENTS.
Section 63-3622S - RADIO AND TELEVISION BROADCASTING EQUIPMENT.
Section 63-3622T - EQUIPMENT TO PRODUCE CERTAIN NEWSPAPERS.
Section 63-3622U - FUNERAL SERVICES.
Section 63-3622W - IRRIGATION EQUIPMENT AND SUPPLIES.
Section 63-3622X - POLLUTION CONTROL EQUIPMENT.
Section 63-3622Y - TAXATION OF AERIAL PASSENGER TRAMWAYS AND SNOWGROOMING AND SNOWMAKING EQUIPMENT.
Section 63-3622Z - SALES BY INDIAN TRIBES.
Section 63-3622AA - EXEMPTION FOR OFFICIAL DOCUMENTS.
Section 63-3622BB - RESEARCH AND DEVELOPMENT AT THE IDAHO NATIONAL LABORATORY.
Section 63-3622CC - RAILROAD ROLLING STOCK.
Section 63-3622DD - PARTS FOR RAILROAD ROLLING STOCK.
Section 63-3622FF - PURCHASES MADE WITH SNAP BENEFIT CARDS.
Section 63-3622II - MONEY-OPERATED DISPENSING EQUIPMENT.
Section 63-3622JJ - LOGGING EXEMPTION.
Section 63-3622KK - INCIDENTAL SALES BY RELIGIOUS CORPORATIONS OR SOCIETIES.
Section 63-3622LL - MEDIA MEASUREMENT SERVICES EXEMPTION.
Section 63-3622MM - LIVESTOCK SOLD AT LIVESTOCK MARKETS.
Section 63-3622NN - CLEAN ROOMS.
Section 63-3622OO - LABOR FOR NEW VEHICLE ACCESSORIES.
Section 63-3622PP - IDAHO COMMEMORATIVE SILVER MEDALLIONS.
Section 63-3622RR - RESEARCH AND DEVELOPMENT.
Section 63-3622SS - HUNTING OR SHOOTING SPORTS.
Section 63-3622TT - CUSTOM MEAT PROCESSING.
Section 63-3622UU - PERSONAL PROPERTY TAX ON RENTALS.
Section 63-3622VV - IDAHO INFORMATION TECHNOLOGY EQUIPMENT.
Section 63-3622WW - IDAHO SEMICONDUCTORS FOR AMERICA ACT.
Section 63-3623 - RETURNS AND PAYMENTS.
Section 63-3623A - TAXES AS STATE MONEY.
Section 63-3623B - AMUSEMENT DEVICES.
Section 63-3624 - ADMINISTRATION.
Section 63-3625 - SECURITY FOR TAX.
Section 63-3626 - REFUNDS, LIMITATIONS, INTEREST.
Section 63-3627 - RESPONSIBILITY FOR TAXES.
Section 63-3628 - SUCCESSORS’ LIABILITY.
Section 63-3629 - DEFICIENCY DETERMINATIONS.
Section 63-3630 - JEOPARDY DETERMINATIONS.
Section 63-3631 - REDETERMINATION.
Section 63-3632 - INTEREST ON DEFICIENCIES.
Section 63-3633 - PERIOD OF LIMITATION UPON ASSESSMENT AND COLLECTION.
Section 63-3634 - ADDITIONS AND PENALTIES.
Section 63-3634A - AUTHORITY TO ENTER AGREEMENTS.
Section 63-3635 - COLLECTION AND ENFORCEMENT.
Section 63-3637 - SALES TAX DISTRIBUTION — DEFINITIONS.
Section 63-3638 - SALES TAX — DISTRIBUTION.
Section 63-3638A - SALES TAX ON LIQUOR TO BE PAID TO LIQUOR ACCOUNT.
Section 63-3640 - CONTRACTS ENTERED INTO BEFORE EFFECTIVE DATE OF INCREASED TAX.