Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 134
Overpayment
General City Model 772/66 (GCM) CHAPTER 772, MISC CUBIT
§ 134. Overpayment. (a) General.--The director of finance, within the
applicable period of limitations, may credit an overpayment of income
tax and interest on such overpayment against any liability in respect of
any tax imposed by this title or by titles on the person who made the
overpayment, and the balance shall be refunded.

(b) Credits against estimated tax.--The director of finance may
prescribe regulations providing for the crediting against the estimated
income tax for any taxable year of the amount determined to be an
overpayment of the income tax for a preceding taxable year. If any
overpayment of income tax is so claimed as a credit against estimated
tax for the succeeding taxable year, such amount shall be considered as
a payment of the income tax for the succeeding taxable year (whether or
not claimed as a credit in the declaration of estimated tax for such
succeeding taxable year), and no claim for credit or refund of such
overpayment shall be allowed for the taxable year for which the
overpayment arises.

(c) Rule where no tax liability.--If there is no tax liability for a
period in respect of which an amount is paid as income tax, such amount
shall be considered an overpayment.

(d) Assessment and collection after limitation period.--If any amount
of income tax is assessed or collected after the expiration of the
period of limitations properly applicable thereto, such amount shall be
considered an overpayment.