141.235 Action interfering with collection or payment prohibited -- Limitation on

365 words·~2 min read·/ky/141-235

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

refund of taxes.

(1)No suit shall be maintained in any court to restrain or delay the collection or

payment of the tax levied by this chapter.

(2)Any tax collected pursuant to the provisions of this chapter may be refunded or

credited in accordance with the provisions of KRS 134.580, except that:

(a)In any case where the assessment period contained in KRS 141.210 has been

extended by an agreement between the taxpayer and the department, the

limitation contained in this subsection shall be extended accordingly.

(b)If the claim for refund or credit relates directly to adjustments resulting from a

federal audit, the taxpayer shall file a claim for refund or credit within the time

provided in KRS 141.211.

(c)If the claim for refund or credit relates to an overpayment attributable to a net

operating loss carryback or capital loss carryback, resulting from a loss which

occurs in a taxable year beginning after December 31, 1993, the claim for

refund or credit shall be filed within the times prescribed in this subsection for

the taxable year of the net operating loss or capital loss which results in the

carryback.

For the purposes of this subsection and subsection

(3)of this section, a return filed

before the last day prescribed by law for filing the return shall be considered as filed

on the last day.

(3)Overpayments as defined in KRS 134.580 of taxes collected pursuant to KRS

141.305, 141.310, or 141.315 shall be refunded or credited with interest at the tax

interest rate as defined in KRS 131.010(6). Effective for refunds issued after April

24, 2008, the interest shall not begin to accrue until ninety

(90)days after the latest

of:

(a)The due date of the return;

(b)The date the return was filed;

(c)The date the tax was paid;

(d)The last day prescribed by law for filing the return; or

(e)The date an amended return claiming a refund is filed.

(4)Exclusive authority to refund or credit overpayments of taxes collected pursuant to

this chapter is vested in the commissioner or his authorized agent. Amounts directed

to be refunded shall be paid out of the general fund.