State Codes and Statutes
Statutes > Rhode-island > Title-44 > Chapter-44-30 > 44-30-86SECTION 44-30-86
§ 44-30-86 Overpayment. – (a) General. The tax administrator within the applicable period oflimitations may credit an overpayment against any liability of the taxpayer inrespect of the Rhode Island personal income tax, and the balance shall berefunded by the general treasurer. A payment for a year of no liability shallbe considered an overpayment. Any refund under this section shall be made onlyupon a certificate of the tax administrator approved by the director ofadministration. In no case shall the filing of a protest constitute a conditionto a later credit or refund of Rhode Island personal income tax.
(b) Excessive withholding. If the amount allowable asa credit for tax withheld from the taxpayer exceeds his or her tax to which thecredit relates, the excess shall be considered an overpayment and shall beadjusted or refunded in any manner and time that the tax administrator mayprescribe.
(c) Credits against estimated tax. The taxadministrator may promulgate regulations providing for the crediting againstthe Rhode Island personal income tax for any taxable year of the amountdetermined by the taxpayer or the tax administrator to be an overpayment of theincome tax for a preceding taxable year. If any overpayment of the tax is soclaimed as a credit against estimated tax for the succeeding taxable year, theamount shall be considered as a payment of the tax for the succeeding taxableyear, whether or not claimed as a credit in the declaration of estimated taxfor the succeeding taxable year, and no claim for credit or refund of theoverpayment shall be allowed for the taxable year for which the overpaymentarises.
(d) Assessment and collection after limitation period.If any amount of tax is assessed or collected after the expiration of theperiod of limitation properly applicable thereto, the amount shall beconsidered an overpayment.
