Claims for Refund

043.01 Any person who has overpaid any corporation income tax may file a claim for a credit or refund of the amount of tax overpaid. A claim for credit or refund of corporation income tax (claim) must be filed with the Nebraska Department of Revenue (Department) in accordance with Reg-33-002.01A. 043.01A The Department will not accept a claim for credit or refund if the amount is less than $2. 043.01B If the claimant desires a hearing, a request for hearing must be made when the claim is filed or prior to the Tax Commissioner taking action on the claim. A claim for credit or refund is not presumed to be a request for a hearing. 043.01C Only the taxpayer or an authorized representative of the taxpayer may file a claim for refund. 043.01D A claim for overpayment of corporation income tax must be filed within the time specified in Reg-33-002.01B(3). 043.02 Unless the Tax Commissioner allows the claim and sends notice to the taxpayer within six months after the claim is filed, the claim is considered disallowed. Notice may be provided by first class mail. 043.03 The amount of overpayment may be credited against any sales, use, income, or any other tax, and any fees, interest, or penalties then due and payable to the state from the claimant. Any remaining balance may be refunded to the taxpayer. Corporation income tax refunds may be paid electronically. 043.04 Interest will be allowed on the refund at the rate specified in Neb. Rev. Stat. § 45-104.02 from the original due date of the return unless an exception applies. (Neb. Rev. Stat. §§ 77-2704, 77-2791, 77-2793, 77-2794, 77-2795, 77-2797, and 77‑2799. July 3, 2013.)