Bill Summary for S 97 (2011-2012)
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Summary date:
Feb 21 2011
S.L. 2011-4
Bill Information:
View NCGA Bill Details | 2011-2012 Session |
TO CLARIFY WHEN THE DEPARTMENT OF REVENUE IS REQUIRED TO INITIATE A REFUND OF AN OVERPAYMENT OF TAX AND TO AUTHORIZE THE ISSUANCE OF REFUNDS OF OVERPAYMENTS THAT HAVE BEEN IDENTIFIED BY THE DEPARTMENT CONSISTENT WITH THIS CLARIFICATION.Intro. by Rucho, Hartsell, Daniel.
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Bill summary
Amends GS 105-241.7 to require the Department of Revenue (Department) to refund an overpayment by a taxpayer if the Department discovers the overpayment before the statute of limitations for obtaining a refund expires. Specifies that discovery occurs under any of the following circumstances: (1) the automated processing of a tax return indicates that the return requires additional review, (2) a review of the return by a Department employee indicates an overpayment by the taxpayer, and (3) an audit of the return by a Department employee indicates an overpayment by the taxpayer. Includes General Assembly findings concerning the application of the statute of limitations.