§ 77-1780 — Tax refund; Tax Commissioner; powers; duties; interest

(1)
Pursuant to this section, the Tax Commissioner may approve the claim for refund,
in whole or in part.
(2) The Tax Commissioner shall grant a hearing prior to taking
any action on a claim for a refund if requested in writing by the taxpayer
when the claim is filed or prior to any action being taken on the claim.
(3) The Tax Commissioner shall notify the taxpayer in writing
of the denial of his or her claim for a refund. The notification shall be
made by mail.
(4) Upon approval, the Tax Commissioner shall cause:
(a) A refund to be paid from the fund to which the tax was
originally deposited;
(b) A credit to be established against the subsequent tax
liability of the taxpayer if the amount of the credit does not exceed twelve
times the average monthly tax liability of the taxpayer; or
(c) A credit to be applied to any other existing liability
for any other tax collected by the Tax Commissioner.
(5) The payment of the claim for a refund, the allowance
of a credit, or the application of the refund to an existing balance, in whole
or in part, shall be considered a final decision of the Tax Commissioner for
the purposes of the Administrative Procedure Act.
(6) Interest shall be paid from the date of overpayment or
the date the tax was required to be paid, whichever is later, until the date
the overpayment is refunded, credited, or applied.
(7) Interest shall be paid at the rate specified in section 45-104.02 , as such rate may from time to time be adjusted.

Legislative History

Source: Laws 1987, LB 523, § 39; Laws 1996, LB 1041, § 4; Laws 2012, LB727, § 33. Cross References: Administrative Procedure Act, see section 84-920.