10-43-50.2. Supplementary return for taxable income decrease due to federal adjustment--Refund for overpayment.
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/sd/title-10/chapter-10-43/10-43-50-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A taxpayer who has filed a return with the department for a specific tax year and subsequently has a change or correction to the taxpayer's net income, as a result of audit or adjustment by the United States, that decreases the taxpayer's taxable income in this state, may report the change or correction in writing to the secretary. The report shall be in the form of a supplementary return and shall be filed within one hundred twenty days of the final adjustment by the United States.
Any refund for overpayment of tax, penalty, or interest shall be made pursuant to §§ 10-59-22 , 10-59-22.1 , 10-59-23 , and 10-59-24 . The provisions of this section apply notwithstanding §§ 10-59-17 and 10-59-19 .
No court has jurisdiction of a suit to recover the taxes, penalties, or interest unless the taxpayer seeking the recovery of the tax complies with the provisions of this section.