All refunds and credits for overpayment to any taxpayer may be applied to the payment of any taxpayer's delinquent or unpaid taxes, including penalties and interest, or delayed until the taxpayer's delinquent returns have been filed and all taxes due thereon, including penalties and interest, have been paid. This provision is applicable as to all taxes that are administered and collected by the tax commissioner and is effective for all refunds and credits determined payable or due a taxpayer after December 31, 1978.
N.D.C.C. § 57-01-12.1