us-ok/stat

Okla. Stat. tit. 68, § 2373

Claim for refund — Return required — Limitation period

Official textoscn.netlast amended Jul 01, 2023

# A.

Any claim for refund filed pursuant to this section must be made on a return, in the form prescribed by the Oklahoma Tax Commission.

# B.

Any claim for refund of an overpayment of any tax imposed by
Section 2355 of this title must be made within three (3) years from the due date of the return, including the period of any extension of time for filing a return, or two (2) years from the payment of the tax liability, whichever of such periods expires later, or if no return was filed by the taxpayer, within two (2) years from the time the tax was paid.

# C.

Except as provided in subsection H of Section 2375 of this title, no refund shall be allowed or made after the expiration of the period of limitation prescribed in subsection B of this section for the filing of a claim for refund, unless a claim for refund is filed by the taxpayer within such period. If a claim for refund is filed during the period prescribed in subsection B of this section, the amount of the refund, if any, shall not exceed the amount of tax paid within the period, immediately preceding the filing of the claim, equal to three (3) years plus the period of any extension of time for filing a return. If the claim was not filed within the three (3) year period prescribed in subsection B of this section, the refund shall not exceed the portion of the tax paid during the two (2) years immediately preceding the filing of the claim.

# D.

If, upon any revision or adjustment, including overpayment or illegal payment on account of income derived from tax-exempt Indian land, any refund is found to be due any taxpayer, it shall be paid out of the "Income Tax Withholding Refund Account", created by Section 2385.16 of this title, in the same manner as refunds are paid pursuant to such section.

# E.

The three-year limitation set forth in subsection C of this section shall not apply to the amount of refunds payable upon claims filed by members of federally recognized Indian tribes or the United States on behalf of its Indian wards or former Indian wards, to recover taxes illegally collected from tax-exempt lands. In the case of any refund to a member of a federally recognized Indian tribe or to the United States on behalf of its Indian wards or former Indian wards, to recover taxes illegally collected on bonus payments from oil and gas leases located on tax-exempt Indian lands pursuant to this section, the Tax Commission shall pay interest on all refunds issued after January 1, 1996, at the rate of six percent (6%) per annum from the date of payment by the taxpayer to the date of the refund.

# F.

In cases that the Tax Commission and the taxpayer have signed a consent, as provided by law, extending the period during which the tax may be assessed, the period during which the taxpayer may file a claim for refund or during which an allowance for a refund may be made shall be automatically extended to the final date fixed by such consent plus thirty (30) days.

# G.

The Oklahoma Tax Commission may authorize the use of direct deposit in lieu of refund checks for electronically filed income tax returns.

Amendment history

Added by Laws 1971, c. 137, § 23, emerg. eff. May 11, 1971. Amended by Laws 1971, p. 1043, H.J.R. No. 1026, § 2A24, emerg. eff. June 22, 1971; Laws 1979, c. 47, § 73, emerg. eff. April 9, 1979; Laws 1979, c. 264, § 10, emerg. eff. June 5, 1979; Laws 1985, c. 15, § 2, emerg. eff. April 11, 1985; Laws 1991, c. 342, § 22, emerg. eff. June 15, 1991; Laws 1993, c. 146, § 25; Laws 1996, c. 289, § 9, eff. July 1, 1996; Laws 1997, c. 294, § 23, eff. July 1, 1997; Laws 2023, c. 113, § 9, eff. July 1, 2023.

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