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

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

(2)  If an annual return is not filed, or is filedmore 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 forthe filing of the annual return,

whichever is later.

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

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