Title 48, Chapter 5, Section 380
( 48-5-380)
(a) Each county and municipality may refund to taxpayers any and all
taxes and license fees which are determined to have been erroneously
or illegally assessed and collected from the taxpayers under the
laws of this state or under the resolutions or ordinances of any
county or municipality or which are determined to have been
voluntarily or involuntarily overpaid by the taxpayers. (b) In any case in which it is determined that an erroneous or
illegal collection of any tax or license fee has been made by a
county or municipality or that a taxpayer has voluntarily or
involuntarily overpaid any tax or license fee, the taxpayer from
whom the tax or license fee was collected may file a claim for a
refund with the governing authority of the county or municipality at
any time within one year or, in the case of taxes, three years after
the date of the payment of the tax or license fee to the county or
municipality. The claim for refund shall be in writing and shall be
in the form and shall contain the information required by the
appropriate governing authority. The claim shall include a summary
statement of the grounds upon which the taxpayer relies. In the
event the taxpayer desires a conference or hearing before the
governing authority in connection with any claim for a refund, he
shall so specify in writing in the claim. If the claim conforms to
the requirements of this Code section, the governing authority shall
grant a conference at a time specified by the governing authority.
The governing authority shall consider information contained in the
taxpayer's claim for a refund and such other information as is
available. The governing authority shall approve or disapprove the
taxpayer's claim and shall notify the taxpayer of its action. In the
event any claim for refund is approved, the governing authority
shall proceed under subsection (a) of this Code section to give
effect to the terms of that subsection. No refund provided for in
this Code section shall be assignable. (c) Any taxpayer whose claim for refund is denied by the governing
authority of the county or municipality or whose claim is not denied
or approved by the governing authority within one year from the date
of filing the claim shall have the right to bring an action for a
refund in the superior court of the county in which the claim
arises. No action or proceeding for the recovery of a refund shall
be commenced before the expiration of one year from the date of
filing the claim for refund unless the governing authority of the
county or municipality renders a decision on the claim within the
one-year period. No action or proceeding for the recovery of a
refund shall be commenced after the expiration of one year from the
date the claim is denied. The one-year period prescribed in this
subsection for filing an action for a refund shall be extended for
such period as may be agreed upon in writing between the taxpayer
and the governing authority of the county or municipality during the
one-year period or any extension of the one-year period. (d) Any refunds approved or allowed under this Code section shall be
paid from funds of the county or municipality to which the taxes or
license fees were originally paid. Refunds shall be paid within 60
days of the approval of the taxpayer's claim or within 60 days of
the entry of a final decision in any action for a refund. (e) The governing authority of any county, by resolution, and the
governing authority of any municipality, by ordinance, may adopt
rules and regulations governing the administration of this Code
section and may delegate the administration of this Code section,
including the approval or disapproval of claims where the reason for
the claim is based on an obvious clerical error, to an appropriate
department in local government. In disputed cases where there is no
obvious error, the approval or disapproval of claims may not be
delegated by the governing authority. |