§ 39-23.5-112 — Refund for overpayment

Colorado § 39-23.5-112

• Jurisdiction: Colorado
• Title 39: Taxation
• Art.: Colorado Estate Tax

Text

(1) Whenever the department
determines that the tax due under this article has been overpaid, the department is
authorized to refund the amount of the overpayment, together with interest at the
rate prescribed by section 39-21-110.5 from the date of the overpayment or from
nine months after the date of the decedent's death or the generation-skipping
transfer, whichever is later, pursuant to a claim for refund for the same filed by the
person required to file the return or the person who paid the tax. No claim for
refund may be filed after the later of either:

(a) The last day provided under the internal revenue code for filing a claim
for refund for the corresponding federal tax, taking into account any extensions
and suspensions of the period for making such a filing; or

(b) The last date that an assessment could be made by the department with
respect to such tax under section 39-23.5-115 (4).

Legislative History

Source: L. 79: Entire article added, p. 1435, � 16, effective July 3. L. 83: Entire section amended, p. 1536, � 10, effective July 1. L. 89: Entire section amended, p. 1497, � 3, effective June 7. L. 92: Entire section amended, p. 2252, � 9, effective July 1.