Sec. 7. (a) A class action for the refund of a tax subject to this chapter may not be maintained in any court, including the Indiana tax court, on behalf of any person who has not complied with the requirements of section 1(a) of this chapter before the certification of the class. A refund of taxes to a member of a class in a class action is subject to the time limits set forth in section 1(a) of this chapter based on the time the class member filed the required claim for refund with the department.
(b) A class action may not be brought against a marketplace facilitator on behalf of purchasers arising from or in any way related to an overpayment of gross retail tax or use tax collected by the marketplace facilitator, regardless of whether such action is characterized as a tax refund claim. However, nothing in this subsection affects a purchaser's right to seek a refund under this chapter.
As added by P.L.91-1989, SEC.2. Amended by P.L.108-2019, SEC.134.
Structure Indiana Code
Article 8.1. Department of State Revenue; Tax Administration
6-8.1-9-1. Filing of Claim; Time Limitation; Considerations and Hearing; Decision; Appeal
6-8.1-9-1.2. Filing Fee Refund
6-8.1-9-1.3. Tax Refunds; Allocation Among Funds
6-8.1-9-2. Excess Tax Payments; Procedure for Credit or Refund; Pass Through Entities
6-8.1-9-3. Gasoline, Special Fuel, and Vehicle Excise Taxes; Inapplicability
6-8.1-9-4. Taxpayer Election to Contribute All or Part of the Taxpayer's Refund