Title 48, Chapter 7, Section 104
( 48-7-104)
(a) In general. If for any reason during any period of the calendar
year more or less than the correct amount of the tax is withheld or
more or less than the correct amount of the tax is paid to the
commissioner, proper adjustment without interest may be made in any
subsequent period of the same calendar year. No adjustment under
this Code section shall be made with respect to an underpayment for
any period after receipt from the commissioner of notice and demand
for payment of the amount of the underpayment based upon an
assessment. The amount of the underpayment shall be paid in
accordance with the notice and demand. No adjustment under this
Code section shall be made with respect to an erroneous payment or
overpayment for any period after the filing of a claim for refund of
the payment. (b) Less than correct amount of tax withheld. (1) If no tax or less than the correct amount of the tax is
deducted from any wage payment and the error is ascertained prior
to the filing of the return for the period in which the wages are
paid, the employer shall report on the return and pay to the
commissioner the correct amount of the tax required to be
withheld. If the error is not ascertained until after the filing
of the return for the period in which the wages are paid, the
undercollection may be corrected by an adjustment on the return
for any subsequent period of the same calendar year subject to the
limitations noted in subsection (a) of this Code section. The
amount of any undercollection adjusted in accordance with this
paragraph shall be paid to the commissioner without interest at
the time prescribed for payment of the tax for the period in which
the adjustment is made. (2) If no tax or less than the correct amount of the tax is
withheld from any wage payment, the employer may correct the error
by deducting the amount of the undercollection from any
remuneration of the employee under the employer's control after
the employer ascertains the error. The deduction may be made even
though the remuneration, for any reason, does not constitute
wages. (c) More than correct amount of tax withheld. (1) If in any period more than the correct amount of tax is
deducted from any wage payment, the overcollection may be paid to
the employee in any period of the same calendar year. If the
amount of the overcollection is so paid, the employer shall obtain
and keep as part of his records the endorsed canceled check or
written receipt of the employee showing the date and amount of the
payment. (2) If any overcollection in any period is paid to and receipted
for by the employee prior to the time the return for the period is
filed with the commissioner, the amount of the overcollection
shall not be included in the return for that period. (3) Subject to the limitations provided in subsection (a) of this
Code section, if an overcollection in any period is paid to and
receipted for by the employee after the return for the period is
filed and the tax is paid to the commissioner, the overcollection
may be corrected by an adjustment on the return for any subsequent
period of the same calendar year. (4) Every overcollection not paid to and receipted for by the
employee as provided in this subsection must be reported and paid
to the commissioner with the return for the period in which the
overcollection is made. |