KRS 141.235 — Action interfering with collection or payment prohibited -- Limitation on refund of taxes

(1) No suit shall be maintained in any court to restrain or delay the collection or
payment of the tax levied by this chapter.
(2) Any tax collected purs uant to the provisions of this chapter may be refunded or
credited in accordance with the provisions of KRS 134.580, except that:
(a) In any case where the assessment period contained in KRS 141.210 has been
extended by an agreement between the taxpayer an d the department, the
limitation contained in this subsection shall be extended accordingly.
(b) If the claim for refund or credit relates directly to adjustments resulting from a
federal audit, the taxpayer shall file a claim for refund or credit within the time
provided in KRS 141.211.
(c) If the claim for refund or credit relates to an overpayment attributable to a net
operating loss carryback or capital loss carryback, resulting from a loss which
occurs in a taxable year beginning after December 31, 199 3, the claim for
refund or credit shall be filed within the times prescribed in this subsection for
the taxable year of the net operating loss or capital loss which results in the
carryback.
For the purposes of this subsection and subsection (3) of this s ection, a return filed
before the last day prescribed by law for filing the return shall be considered as filed
on the last day.
(3) Overpayments as defined in KRS 134.580 of taxes collected pursuant to KRS
141.305, 141.310, or 141.315 shall be refunded or credited with interest at the tax
interest rate as defined in KRS 131.010(6). Effective for refunds issued after April
24, 2008, the interest shall not begin to accrue until ninety (90) days after the latest
of:
(a) The due date of the return;
(b) The date the return was filed;
(c) The date the tax was paid;
(d) The last day prescribed by law for filing the return; or
(e) The date an amended return claiming a refund is filed.
(4) Exclusive authority to refund or credit overpayments of taxes collected pursu ant to
this chapter is vested in the commissioner or his authorized agent. Amounts directed
to be refunded shall be paid out of the general fund.