Effective - 15 May 1986
148.076. Claims for refund, filed when, how — amount, limitations. — 1. A claim for credit or refund of an overpayment of any tax imposed by sections 148.010 to 148.110 shall be filed by the taxpayer within three years from the time the return was filed or two years from the time the tax was paid, whichever of such periods expires the later; or if no return was filed by the taxpayer, within two years from the time the tax was paid. No credit or refund shall be allowed or made after the expiration of the period of limitations prescribed in this subsection for the filing of a claim for credit or refund, unless a claim for credit or refund is filed by the taxpayer within such period. Every claim for refund shall be filed with the director in writing and shall state the specific grounds upon which it is founded. Claims for refund may be filed in accordance with section 143.851.
2. If the claim is filed by the taxpayer during the three-year period prescribed in subsection 1 of this section, the amount of the credit or refund shall not exceed the portion of the tax paid within the three years immediately preceding the filing of the claim plus the period of any extension of time for filing the return. If the claim is not filed within such three-year period, but is filed within the two-year period, the amount of the credit or refund shall not exceed the portion of the tax paid during the two years immediately preceding the filing of the claim. If no claim is filed, the credit or refund shall not exceed the amount which would be allowable under either of the preceding sentences, as the case may be, if a claim was filed on the date the credit or refund is allowed.
3. If pursuant to subsection 4 of section 148.070 an agreement for an extension of the period for assessment of tax is made within the period prescribed in subsection 1 of this section for the filing of a claim for credit or refund, the period for filing a claim for credit or refund or for making a credit or refund if no claim is filed, shall not expire prior to six months after the expiration of the period within which an assessment may be made pursuant to the agreement or any extension thereof. The amount of such credit or refund shall not exceed the portion of the tax paid after the execution of the agreement and before the filing of the claim or the making of the credit or refund, as the case may be, plus the portion of the tax paid within the period which would be applicable under subsection 1 of this section if a claim had been filed on the date the agreement was executed.
--------
(L. 1986 H.B. 1195)
Effective 5-15-86
Structure Missouri Revised Statutes
Title X - Taxation and Revenue
Chapter 148 - Taxation of Financial Institutions
Section 148.010 - Title of law.
Section 148.020 - Definitions.
Section 148.030 - Banks subject to tax based on income — rate — credits.
Section 148.031 - Substitute bank franchise tax.
Section 148.040 - Definitions and computation of net and gross income.
Section 148.045 - Computation of deduction, taxpayer files consolidated return.
Section 148.050 - Returns, when filed.
Section 148.062 - Franchise tax, administered how.
Section 148.068 - Tax assessed, when, supplemental assessment.
Section 148.070 - Notice of deficiency, time limitations.
Section 148.072 - Interest, additions to tax, penalties, due when.
Section 148.074 - Overpayment of tax, director may credit against other tax liability, when.
Section 148.076 - Claims for refund, filed when, how — amount, limitations.
Section 148.080 - Taxes returned to counties — two percent to state — director to allocate.
Section 148.085 - Recording and depositing of tax receipts, how.
Section 148.090 - New banks, when taxed — tax, when due.
Section 148.100 - Director to prescribe and publish rules and regulations — access to records.
Section 148.110 - Tax in lieu of other taxes.
Section 148.112 - Distribution of franchise tax credit for bank S corporation shareholders.
Section 148.120 - Title of law.
Section 148.130 - Definition of terms.
Section 148.140 - Credit institutions subject to annual tax — rate — credits.
Section 148.150 - Net income and gross income defined — how computed.
Section 148.160 - Returns, when filed — extension of time — interest.
Section 148.170 - Taxpayer with more than one office, returns of.
Section 148.180 - Tax due, when — credit for overpayment — penalty for nonpayment.
Section 148.190 - Notice to taxpayer of increase of tax — review of director's determination.
Section 148.200 - Director to prescribe necessary rules and regulations — access to records.
Section 148.210 - Credit institution subject to tax for year in which franchise is received.
Section 148.230 - Tax in lieu of certain other taxes.
Section 148.310 - Real and tangible personal property to be assessed and taxed under general laws.
Section 148.320 - Tax on premiums of domestic stock companies — rate — credits.
Section 148.340 - Tax on premiums of foreign companies.
Section 148.360 - County foreign insurance tax money distributed to school districts.
Section 148.370 - Insurance companies, tax on premiums — rate — credit.
Section 148.375 - Delinquent taxes, interest, rate.
Section 148.390 - Deductions allowed on premium receipts.
Section 148.400 - Deductions allowed insurance companies.
Section 148.410 - Director to assess tax where no return made.
Section 148.430 - Director of revenue may sue for taxes when company withdraws or is suspended.
Section 148.440 - Occupation tax in certain cities.
Section 148.450 - Notices, how given.
Section 148.460 - Penalties for violations by agents.
Section 148.540 - Association and members, levy and collection — exclusiveness of tax.
Section 148.541 - Delinquent taxes, interest.
Section 148.610 - Definitions.
Section 148.620 - Annual tax on net income, rate — credits allowed, exceptions.
Section 148.655 - Tax credit allowed for S corporation shareholders of associations, amount.
Section 148.657 - Tax credit allowed for S corporation shareholders of credit institutions, amount.
Section 148.680 - Hearing procedure on disputed amount — appeal.
Section 148.690 - First taxable year, when, how computed.