§251-9  Overpayment; refunds.  Upon
application by a person, if the director determines that any surcharge tax,
interest, or penalty has been paid more than once, or has been erroneously or
illegally collected or computed, the surcharge tax, interest, or penalty shall
be credited by the director on any surcharge taxes then due from the person
under this chapter.  The director shall refund the balance to the person or the
person's successors, administrators, executors, or assigns in accordance with
section 231-23(d).  No credit or refund shall be allowed for any surcharge tax
imposed by this chapter, unless a claim for the credit or refund is filed as
follows:



(1)  If an annual return is timely filed, or is filed
within  three years after the date prescribed for filing the annual return,
then the credit or refund shall be claimed within three years after the date
the annual return was filed or the date prescribed for filing the annual
return, whichever is later.



(2)  If an annual return is not filed, or is filed
more than  three years after the date prescribed for filing the annual return,
a claim for credit or refund shall be filed within:



(A)  Three years after the payment of the tax;
or



(B)  Three years after the date prescribed for
the filing of the annual return,



whichever is later.



Paragraphs (1) and (2) are mutually exclusive.  The
preceding limitation shall not apply to a credit or refund pursuant to an
appeal, provided for in section 251-10.



As to all tax payments for which a refund or
credit is not authorized by this section (including, without prejudice to the
generality of the foregoing, cases of unconstitutionality), the remedies
provided by appeal or by section 40-35 are exclusive. [L 1991, c 263, pt of §1;
am L 1994, c 19, §5]