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Code · CFR · Title 27 — Alcohol, Tobacco Products and Firearms · Part 70 · § 70.261

§ 70.261. Period of limitation on filing claim.

219 words·~1 min read·/us/cfr/t27/s§ 70.261·

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

(a)In the case of any tax (other than a tax payable by stamp):
(1)If a return is filed, a claim for credit or refund of an overpayment must be filed by the taxpayer within 3 years from the time the return was filed or within 2 years from the time the tax was paid, whichever of such periods expires the later.
(2)If no return is filed, the claim for credit or refund of an overpayment must be filed by the taxpayer within 2 years from the time the tax was paid.
(b)In the case of any tax payable by means of a stamp, a claim for credit or refund of an overpayment of such tax must be filed by the taxpayer within 3 years from the time the tax was paid. For provisions relating to redemption of unused stamps, see section 6805 of the Internal Revenue Code.
(c)For limitations on allowance of credit or refund, special rules, and exceptions, see subsections
(b)and
(c)of section 6511 of the Internal Revenue Code. For rules as to time return is deemed filed and tax considered paid, see section 6513 of the Internal Revenue Code. (26 U.S.C. 6511) \[T.D. ATF-251, 52 FR 19314, May 22, 1987. Redesignated by T.D. ATF-301, 55 FR 47606, Nov. 14, 1990\]
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§ 70.261
Period of limitation on filing claim.
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