Section 35.01.01.885 - INTEREST ON REFUNDSSections 63-3073 and 63-3045, Idaho Code
01.Computation. Except as provided in Subsection 885.03, the Tax Commission is to compute interest on a net refund as follows:a. Refunds of income tax withheld. The Tax Commission will pay interest on refunds of withholding if the refund is paid more than sixty (60) days after the due date of the income tax return or the date it was filed, whichever is later. For purposes of this rule, the refund is considered paid on the date it is postmarked. If a taxpayer unduly delays the processing of his refund by failing to respond promptly to requests for information or in any other way, the Tax Commission may deduct time attributable to the delay from the total processing time to determine whether interest is to be paid and from what date. Unless reasonable cause is established, undue delay occurs if the taxpayer's delay is more than sixty (60) days. Pursuant to this subsection, interest is computed from the due date, or extended due date, of the return.b. Tentative payments. The Tax Commission may not pay interest on a refund resulting from an estimated or tentative payment.02.Refunds from Net Operating Loss and Capital Loss Carrybacks. Refunds from net operating loss and capital loss carrybacks include refunds from credits carried to years other than the year to which the net operating loss or capital loss deduction applies. Interest on these refunds is computed from the last day of the loss year.Idaho Admin. Code r. 35.01.01.885