Title 48, Chapter 7, Section 113
( 48-7-113)
If more than the correct amount of tax, penalty, or interest is paid
to the commissioner by an employer, the employer may file a claim
for refund of the overpayment or may take credit for the overpayment
against the tax reported on any quarterly return which the employer
subsequently files. A refund or credit of the overpayment, however,
shall be made only to the extent that the amount of overpayment
exceeds the tax actually withheld and the penalty and interest on
the tax. If more than the correct amount of tax, penalty, or
interest is assessed and is not paid to the commissioner, the
employer against whom the assessment is made may file a claim for
abatement of the overassessment. |