Sec. 403.220. CREDIT OR REFUND. (a) If the final judgment in a suit under this subchapter maintains the right of the applicant for a temporary or permanent injunction to prevent the collection of the tax or fee, the comptroller shall credit the amount of the tax or fee, with the interest on that amount, against any other amount finally determined to be due to the state from the applicant according to information in the custody of the comptroller and shall refund the remainder to the applicant. The credit or refund shall be made as soon as practicable on or after September 1 of the first year of the first state biennium that begins after the date of the final judgment.
(b) For purposes of this section, the interest to be paid on a refund of a tax or fee is an amount equal to the amount of interest that would have been earned by the tax or fee if the tax or fee had been paid into the suspense account of the comptroller.
Added by Acts 1989, 71st Leg., ch. 232, Sec. 24, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 7.25, eff. Sept. 1, 1997.
Structure Texas Statutes
Subtitle A - Executive Officers
Chapter 403 - Comptroller of Public Accounts
Subchapter J. Suits by Persons Owing Taxes or Fees
Section 403.201. Suits; Jurisdiction
Section 403.202. Protest Payment Required
Section 403.203. Protest Payment Suit After Payment Under Protest
Section 403.204. Protest Payment Suit: Parties; Issues
Section 403.205. Trial De Novo
Section 403.206. Class Actions
Section 403.207. Additional Protest Payments Before Hearing
Section 403.208. Protest Payments During Appeal
Section 403.209. Submission of Protest Payments to Comptroller
Section 403.210. Disposition of Protest Payments Belonging to State
Section 403.211. Credit or Refund
Section 403.212. Requirements Before Injunction
Section 403.213. Nature of Action for Injunction
Section 403.215. Records After Injunction
Section 403.216. Reports After Injunction
Section 403.217. Additional Payments or Bond
Section 403.218. Dismissal of Injunction
Section 403.219. Final Dismissal or Dissolution of Injunction
Section 403.220. Credit or Refund