LD 162
pg. 7
Page 6 of 7 An Act to Make Minor Substantive Changes in the Tax Laws LD 162 Title Page
Download Bill Text
LR 1062
Item 1

 
1. General. A claim for credit or refund of an overpayment of any
tax imposed by this Part shall must be filed by the taxpayer within
3 years from the time the return was filed, whether or not the
return was timely filed, or 2 3 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 2 years from the time the tax was
paid. No A credit or refund shall be is not allowed or may not be
made after the expiration of the period of limitation 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 a period.

 
2. Limit on amount of claim or refund. If the claim is filed
by the taxpayer during the 3-year period prescribed in subsection
1, the amount of the credit or refund shall may not exceed the
portion of the tax paid within the 3 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 3-
year period, but is filed within the 2-year period, the amount of
the credit or refund shall not exceed the portion of the tax paid
during the 2 years immediately preceding the filing of the claim.
If no claim is filed, the any credit or refund shall allowed upon
an audit of the taxpayer may not exceed the amount which that
would be allowable under either of the preceding sentences, as
the case may be, if a claim was filed this subsection, if a claim
had been filed by the taxpayer on the date the credit or refund
is allowed.

 
Sec. B-11. Application. This Part applies to tax years beginning on
or after January 1, 1996.

 
SUMMARY

 
This bill makes minor substantive changes to various laws
concerning taxation.


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