Current through 2023 Legislative Sessions
Section 57-38-35.2 - Interest payments1. Interest at the rate of one percent per month or fraction of a month must be allowed and paid upon overpayments of tax as follows:a. Interest on refunds arising from excess income tax withholding or overpayment of estimated tax accrues for payment forty-five days after the due date of the return or after the date the return was filed, whichever comes later.b. Interest on refunds arising from amended returns or claims made for credit or refund accrues for payment from the due date of the return to the date of payment of the refund excepting the month in which the return was required to be filed.c. Interest on refunds arising from net operating loss carrybacks, capital loss carrybacks, or tax credit carrybacks accrues for payment from the due date of the return for the year, determined without regard to extensions of the time for filing, giving rise to the loss carryback, to the date of payment of the refund, except that no interest accrues if the refund payment is made within forty-five days of the date the amended return or claim is filed to claim the refund attributable to the carryback.2. No interest may be paid on refunds arising from amended returns or other claims filed for taxable years beginning before January 1, 1979.