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NC S97

Bill

Status

Passed

3/9/2011

Primary Sponsor

Thomas Apodaca

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • Modifies G.S. 105-241.7(a) to clarify when the Department of Revenue must initiate refunds of tax overpayments, changing the standard from when a return is processed to when the Department discovers an overpayment before the statute of limitations expires.

  • Defines three circumstances of discovery: automated processing of a return indicates further review is needed, an employee review of a return indicates an overpayment, or an audit by a Department employee indicates an overpayment.

  • Establishes that the statute of limitations is satisfied when the Department's automated processing indicates a return requires further review, regardless of when an employee later verifies the refund is actually due.

  • Directs the Department of Revenue to issue refunds that were discovered within the statute of limitations under the clarified standard.

  • Effective upon becoming law on March 9, 2011.

Legislative Description

Clarify Refunds of Tax Overpayments

Last Action

Ch. SL 2011-4

3/9/2011

Committee Referrals

Finance2/22/2011

Full Bill Text

No bill text available