[§346E-7]  Overpayment; refunds.  Uponapplication by an operator, if the director determines that any tax, interest,or penalty has been paid more than once, or has been erroneously or illegallycollected or computed, the tax, interest, or penalty shall be credited by thedirector on any taxes then due from the operator under this chapter.  Thedirector shall refund the balance to the operator or the operator's successors,administrators, executors, or assigns in accordance with section 231-23.  As toall tax payments for which a refund or credit is not authorized under thissection (including, without prejudice to the generality of the foregoing, casesof unconstitutionality), the remedies provided by appeal or under section 40-35are exclusive.  No credit or refund shall be allowed for any tax imposed bythis chapter, unless a claim for the credit or refund is filed as follows:

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

(2)  If an annual return is not filed, or is filedmore than three years after the date prescribed for filing the annual return, aclaim 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.

The preceding limitation shall not apply to a creditor refund pursuant to an appeal, provided for in section 346E-8. [L 1993, c315, pt of §1; ree L 1994, c 230, pt of §1]