Title 3, Chapter 2, Section 14
( 3-2-14)
(a) No credit for taxes paid on alcoholic beverages or for stamps
purchased in payment of taxes on alcoholic beverages shall be
allowed unless an application for credit is filed with the
commissioner within 90 days from the date payment is received by the
commissioner. If, in the opinion of the commissioner, an
application for credit of taxes paid pursuant to this title contains
a false statement, the application shall be denied. When an
applicant is indebted to the state or an applicant is in violation
of this title, the commissioner shall decline to approve the credit
until the applicant has complied with the laws of this state. In no
event shall interest be allowed on any refund or credit for taxes
paid on alcoholic beverages or for stamps purchased in payment of
taxes on alcoholic beverages. Nothing contained in this Code
section shall be construed so as to allow for a credit or refund of
any license fee lawfully due or paid under this title. (b) Each application for credit shall be filed in writing in the
form and containing such information as the commissioner may
reasonably require. The commissioner or his delegate shall consider
information contained in the application, together with such other
information as may be available, and shall approve or disapprove the
application and notify the applicant of his action. Any applicant
whose claim is denied by the commissioner or his delegate or whose
claim is not decided by the commissioner or his delegate within one
year from the date of filing the claim shall have the right to bring
an action for a credit in the Superior Court of Fulton County. No
action or proceeding for the recovery of a credit shall be commenced
before the expiration of one year from the date of filing the
application unless the commissioner or his delegate renders a
decision on the application within that time, nor shall any action
or proceeding be commenced after the occurrence of the earlier of
(1) the expiration of one year from the date the claim is denied, or
(2) the expiration of two years from the date the application was
filed. The time for filing an action for the recovery of a credit
may be extended for such period as may be agreed upon in writing
between the applicant and the commissioner during the period
authorized for bringing an action or any extension thereof. In the
event any application is approved and the taxpayer has not paid
other state taxes which have become due, the commissioner may set
off the unpaid taxes against the credit. When the setoff authorized
in this Code section is exercised, the credit shall be deemed
granted and the amount of the setoff shall be considered for all
purposes as a payment toward the particular tax debt which is being
set off. Any excess credit properly allowable under this article
which remains after the setoff has been applied may be credited to
the taxpayer. |