Definition -- Recomputation of amounts due -- Refunds allowed

# (1)

As used in this section, "overpayment" means the amount by which a tax, fee, or charge a person pays exceeds the amount of tax, fee, or charge the person owes.

# (2)

If the commission determines that the correct amount of a tax, fee, or charge a person is required to remit is greater or less than the amount shown to be due on a return, the commission shall:

# (a)

recompute the tax, fee, or charge; and

# (b)

mail notice to the person:

(i) that the commission recomputed the tax, fee, or charge; and

(ii) in accordance with Section 59-1-1404.

# (3)

If the amount of a tax, fee, or charge a person pays exceeds the amount of tax, fee, or charge the person owes, the commission shall:

# (a)

credit the overpayment against any liability the person owes; and

# (b)

refund any balance to:

(i) the person; or

(ii)

(A) the person's assignee;

(B) the person's personal representative;

(C) the person's successor; or

(D) a person similar to Subsections (3)(b)(ii)(A) through (C) as determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

# (4)

The commission may not credit or refund interest on an overpayment to a person if the commission determines that the overpayment was made for the purpose of investment.

# (5)

If the commission erroneously determines an amount of tax, fee, or charge to be due from a person, the commission shall:

# (a)

authorize the amount to be cancelled upon the commission's records; and

# (b)

mail notice to the person:

(i) that the commission cancelled the amount upon the commission's records; and

(ii) in accordance with Section 59-1-1404.