In the event that any taxes or penalties imposed by this article have been erroneously or illegally collected from a distributor or other person, the commission may permit such distributor of special fuel or other person to take credit against a subsequent tax report for the amount of the erroneous overpayment, or the amount thereof may be refunded to the distributor or other person in the same manner as provided in Section 27-55-19.
No refunds shall be made under the provisions of this section unless a written claim is filed setting forth the circumstances by reason of which such refund should be allowed. Such claim shall be in the form as the commission shall prescribe and shall be filed with the commission within three (3) years from the date of payment of the taxes erroneously or illegally collected. Nothing in this article shall be construed to prohibit a refund or credit for tax paid on special fuel not subject to tax or which is exempt from tax, provided there has not been a willful disregard of the provisions of this article and further provided that the claim therefor is filed within three (3) years.
Structure Mississippi Code
Title 27 - Taxation and Finance
Chapter 55 - Gasoline and Motor Fuel Taxes
§ 27-55-503. Purpose of article
§ 27-55-507. Distributor permit; application; bond
§ 27-55-509. Distributor permit; penalties for operating without
§ 27-55-511. Distributor permit; revocation
§ 27-55-515. Marine diesel fuel or kerosene permit
§ 27-55-517. Regulation of the sale of dyed diesel fuel
§ 27-55-519. Excise tax on special fuel
§ 27-55-523. Monthly report and remittance
§ 27-55-531. Regulation of dyed diesel fuel and kerosene to be used for nonhighway purposes
§ 27-55-535. Special fuel tax refunds; losses
§ 27-55-537. Administration, enforcement and penalties
§ 27-55-539. Use of dyed diesel fuel in motor vehicle
§ 27-55-541. Transportation reports
§ 27-55-543. Metering requirements
§ 27-55-547. Right to inspection
§ 27-55-551. Commission to institute proceedings; sequestration; lien; seizure
§ 27-55-553. Refund of taxes erroneously or illegally collected
§ 27-55-555. Funds placed in depositories
§ 27-55-557. Exchange of information with other states
§ 27-55-561. Apportionment of tax
§ 27-55-563. Authority to make rules and regulations
§ 27-55-565. Effect of prior law
§ 27-55-569. Unlawful purchase of untaxed fuel for use in highway construction equipment; penalties