Sec. 43.10.210. Recovery of overpayments and protested payments.

186 words·~1 min read·/ak/title-43/chapter-10/43-10-210

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The Department of Administration shall, with the approval of the attorney general and the Department of Revenue, refund to a taxpayer the amount of a tax paid to the Department of Revenue under protest and deposited in the treasury if

(1)the taxpayer recovers judgment against the Department of Revenue for the return of the tax; or

(2)in the absence of a judgment, it is obvious to the Department of Revenue that the taxpayer would obtain judgment if legal proceedings were prosecuted by the taxpayer.

(b)The Department of Administration shall refund the amount of an overpayment to a taxpayer if the Department of Revenue, on audit of the account in question, determines that a remittance by the taxpayer exceeds the amount due.

(c)If the department and the attorney general determine that a licensee has paid a license tax and is prevented from using the license by court order, administrative decision, or other cause beyond the control of the taxpayer, the Department of Administration shall refund the amount of the license tax to the licensee.