D.C. Code § 47-811.02

Overpayment; credit or refund; interest.

Official textus-dc/statcode.dccouncil.gov12 subsections

# (a)

Subject to subsection (b) of this section, if there is a payment of real property tax that results in an overpayment for a billing period or levy with priority, the overpayment shall be credited in order of priority against the real property tax owing on the property for a subsequent billing period or levy.

# (b)

The Mayor shall refund the payment, less the real property tax owing, to the person who made the payment; provided, that the refund shall not be allowed unless:

# (1)

A claim for refund within 3 years from the date the payment was made;

# (2)

The Office of Tax and Revenue has corrected or changed an assessment or real property classification under § 47-825.01a(f) which created the overpayment;

# (3)

The property has been so reassessed under § 47-831 that an overpayment resulted for the periods of reassessment;

# (4)

The tax was abated for reasonable cause under § 47-1007; or

# (5)

The refund results from the grant of a real property tax exemption.

# (c)

A claim for refund shall be made in the manner prescribed by the Mayor.

# (d)

The District of Columbia shall pay interest on the overpayment beginning 90 days after the receipt of the claim for refund.

# (e)

The interest payable by the District under subsection (d) of this section shall be at the rate provided in § 47-3310(c).

# (f)

The owner, after seeking refund of the overpayment as set forth in this section, may, within one year from the last day of the tax year in which the claim for refund was made, file suit in the Superior Court of the District of Columbia in the same manner and to the same extent as provided in §§ 47-3303 and 47-3304; provided, that the real property tax, including any penalties and interest, shall have first been paid.

# (g)

This section shall not apply to an action timely filed under § 47-825.01a(g) and (h).

Source: official DC Code section page (code.dccouncil.gov)

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