Agenda - 11-15-2022; 8-b - Refund for Overpayment of Excise Tax

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1 9 G.S. 105-228.37 Page 1 gr I 3 § 105-228,37. Refund of oi,erpayment of tax. (a) Refund Request. - A taxpayer who bays more tax than is dice under this Article may request a refund of the overpaynicnt by filing a written request for a refund with the board of county conlaiissiollers of the county where the tax was Maid. The request must be filed within six months after the date the tax was paid and Must explain wiry the taxpayer believes a refund is clue. ft (b) Hearing by County. - A board of County conllnissioners Rlust conduct a hearitlg oil a C request for refiled. Within 60 days after a tiniely bequest for a refund has been filed and at least 10 t clays before the date set for the hearing, (Ile board must notify the taxpayer in writing of the time and place at which the hearing will be conducted. The date sot for the healing must be within 90 days after the tiniely request for a hearing was Fled or at a later date mutually agreed upon by the taxpayer and I the board. The board detest drake F decision oil tile,requested refund within 90 days after conducting a hearing Heider this subsection, (c) Process if Refund Granted. - if the board of commissioners decides that a reftind is dere, it i must refund the overpayment, together wide any applicable interest; to the taxpayer and inform the, Department of the refund. The Department may assess the taxpayer for the amount of(lie rcRind in accordance with G,S. 105-•211.9 if t11e Department disagrees Nvith the board's decision, } (d) Process if Refund Denied. - If the board of commissioners finds that no refund is dere, the written declslon of the board must inforili the taxpayer that (lee taxpayer may request a departmental review of the denial.of the rebind in accordance with(lie procedures set obit in G.S. 105-241.11. (e) Recording Correct Deed. - Before a tax is refunded, the taxpayer must record ti now instrument rofleotiiig tile, correct amount of tax due. 1f leo tax is dile because an instrument was t recorded in the wrong county, thele the taxpayer niust record a docunient stating that no tax was owed ` because the instrument beilig corrected was recorded in (lie wrong eowity. The taxpayer must include in the document the Hames of the grantors and grantees and the deed book and page number of the i instrument being corrected. When a taxpayer records a. corrected iustrunient, the taxpayer must inform the register of steeds that(lie instrument being recorded is a correcting itlstrument. The taxpayer inust give the register of deeds a copy of the decision granting file refund that shows the correct amount of tax dere, Tile i correcting instrument durst include the, decd book and page number of tike instrument being corrected. i The tegister of deeds must notify the county finance officer and the Secretary whcii the correcting instrmilent has been recorded, (1) Interest. - Ali overpayn;ent of tax bears interest at the rate established in G.S. 105-241.21 from the date that interest begins to accrue. Interest begins to accrue on an overpayment 30 days after 1 the request for a refund is filed by the taxpayer with the Board of county commissioners. (2000-170, s. 2;2007-491, s.24; 2011-330, s. 30(a)) i l 4 r[�I l x 6 f�r• E r 3 1f25/2017 littp:fh�tww.licga,state.ric,lis/ellactedlegislatio►I/s(atti(es/iltiiil/bysectioil/citapter_105fgs i05...