State Codes and Statutes

Statutes > Maine > Title36 > Title36ch831sec0 > Title36sec5279

Title 36: TAXATION

Part 8: INCOME TAXES

Chapter 831: PROCEDURE AND ADMINISTRATION

§5279. Interest on overpayment

1. General. Interest, at the rate determined pursuant to section 186, shall be paid upon any overpayment in respect of the tax imposed by this Part. No interest shall be allowed or paid if the amount thereof is less than $1.

[ 1981, c. 180, §4 (AMD) .]

2. Date of return or payment. For purposes of this section:

A. Any return filed before the last day prescribed for the filing thereof shall be considered as filed on such last day determined without regard to any extension of time granted the taxpayer; [P&SL 1969, c. 154, §F (NEW).]

B. Any tax paid by the taxpayer before the last day prescribed for its payment, any income tax withheld from the taxpayer during any calendar year and any amount paid by the taxpayer as estimated income tax for a taxable year shall be deemed to have been paid by him on the last day prescribed for the paying thereof. [P&SL 1969, c. 154, §F (NEW).]

[ P&SL 1969, c. 154, §F (NEW) .]

3. Return and payment of withholding tax. For purposes of this section with respect to any withholding tax:

A. If a return for any period ending with or within a calendar year is filed before April 15th of the succeeding calendar year, such return shall be considered filed on April 15th of such succeeding calendar year; and [P&SL 1969, c. 154, §F (NEW).]

B. If a tax with respect to remuneration paid during any period ending with or within a calendar year is paid before April 15th of the succeeding calendar year, such tax shall be considered paid on April 15th of such succeeding calendar year. [P&SL 1969, c. 154, §F (NEW).]

[ P&SL 1969, c. 154, §F (NEW) .]

4. Exceptions. If any overpayment of tax imposed by this Part is refunded within 3 months after the last date prescribed, or permitted by extension of time, for filing the return of that tax or within 3 months after the return listing the overpayment was filed, whichever is later, no interest is allowed under this section. In addition, no interest is allowed with respect to the period during which a refund is delayed pending resolution of a proposed setoff under section 5276-A.

[ 1991, c. 546, §37 (AMD) .]

SECTION HISTORY

P&SL 1969, c. 154, §F1 (NEW). 1979, c. 541, §A246 (AMD). 1979, c. 615, §8 (AMD). 1981, c. 180, §4 (AMD). 1981, c. 504, §5 (AMD). 1991, c. 546, §37 (AMD).

State Codes and Statutes

Statutes > Maine > Title36 > Title36ch831sec0 > Title36sec5279

Title 36: TAXATION

Part 8: INCOME TAXES

Chapter 831: PROCEDURE AND ADMINISTRATION

§5279. Interest on overpayment

1. General. Interest, at the rate determined pursuant to section 186, shall be paid upon any overpayment in respect of the tax imposed by this Part. No interest shall be allowed or paid if the amount thereof is less than $1.

[ 1981, c. 180, §4 (AMD) .]

2. Date of return or payment. For purposes of this section:

A. Any return filed before the last day prescribed for the filing thereof shall be considered as filed on such last day determined without regard to any extension of time granted the taxpayer; [P&SL 1969, c. 154, §F (NEW).]

B. Any tax paid by the taxpayer before the last day prescribed for its payment, any income tax withheld from the taxpayer during any calendar year and any amount paid by the taxpayer as estimated income tax for a taxable year shall be deemed to have been paid by him on the last day prescribed for the paying thereof. [P&SL 1969, c. 154, §F (NEW).]

[ P&SL 1969, c. 154, §F (NEW) .]

3. Return and payment of withholding tax. For purposes of this section with respect to any withholding tax:

A. If a return for any period ending with or within a calendar year is filed before April 15th of the succeeding calendar year, such return shall be considered filed on April 15th of such succeeding calendar year; and [P&SL 1969, c. 154, §F (NEW).]

B. If a tax with respect to remuneration paid during any period ending with or within a calendar year is paid before April 15th of the succeeding calendar year, such tax shall be considered paid on April 15th of such succeeding calendar year. [P&SL 1969, c. 154, §F (NEW).]

[ P&SL 1969, c. 154, §F (NEW) .]

4. Exceptions. If any overpayment of tax imposed by this Part is refunded within 3 months after the last date prescribed, or permitted by extension of time, for filing the return of that tax or within 3 months after the return listing the overpayment was filed, whichever is later, no interest is allowed under this section. In addition, no interest is allowed with respect to the period during which a refund is delayed pending resolution of a proposed setoff under section 5276-A.

[ 1991, c. 546, §37 (AMD) .]

SECTION HISTORY

P&SL 1969, c. 154, §F1 (NEW). 1979, c. 541, §A246 (AMD). 1979, c. 615, §8 (AMD). 1981, c. 180, §4 (AMD). 1981, c. 504, §5 (AMD). 1991, c. 546, §37 (AMD).


State Codes and Statutes

State Codes and Statutes

Statutes > Maine > Title36 > Title36ch831sec0 > Title36sec5279

Title 36: TAXATION

Part 8: INCOME TAXES

Chapter 831: PROCEDURE AND ADMINISTRATION

§5279. Interest on overpayment

1. General. Interest, at the rate determined pursuant to section 186, shall be paid upon any overpayment in respect of the tax imposed by this Part. No interest shall be allowed or paid if the amount thereof is less than $1.

[ 1981, c. 180, §4 (AMD) .]

2. Date of return or payment. For purposes of this section:

A. Any return filed before the last day prescribed for the filing thereof shall be considered as filed on such last day determined without regard to any extension of time granted the taxpayer; [P&SL 1969, c. 154, §F (NEW).]

B. Any tax paid by the taxpayer before the last day prescribed for its payment, any income tax withheld from the taxpayer during any calendar year and any amount paid by the taxpayer as estimated income tax for a taxable year shall be deemed to have been paid by him on the last day prescribed for the paying thereof. [P&SL 1969, c. 154, §F (NEW).]

[ P&SL 1969, c. 154, §F (NEW) .]

3. Return and payment of withholding tax. For purposes of this section with respect to any withholding tax:

A. If a return for any period ending with or within a calendar year is filed before April 15th of the succeeding calendar year, such return shall be considered filed on April 15th of such succeeding calendar year; and [P&SL 1969, c. 154, §F (NEW).]

B. If a tax with respect to remuneration paid during any period ending with or within a calendar year is paid before April 15th of the succeeding calendar year, such tax shall be considered paid on April 15th of such succeeding calendar year. [P&SL 1969, c. 154, §F (NEW).]

[ P&SL 1969, c. 154, §F (NEW) .]

4. Exceptions. If any overpayment of tax imposed by this Part is refunded within 3 months after the last date prescribed, or permitted by extension of time, for filing the return of that tax or within 3 months after the return listing the overpayment was filed, whichever is later, no interest is allowed under this section. In addition, no interest is allowed with respect to the period during which a refund is delayed pending resolution of a proposed setoff under section 5276-A.

[ 1991, c. 546, §37 (AMD) .]

SECTION HISTORY

P&SL 1969, c. 154, §F1 (NEW). 1979, c. 541, §A246 (AMD). 1979, c. 615, §8 (AMD). 1981, c. 180, §4 (AMD). 1981, c. 504, §5 (AMD). 1991, c. 546, §37 (AMD).