Section 1409 – 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.

Amended by Chapter 136, 2019 General Session