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Miss. Code Ann. § 27-73-5

Period within which suits may be filed for refunds

Applied in 4 court decisions — leading case Jones County School District v. Mississippi Department of Revenue (2013)

Most recently applied in Jones County School District v. Mississippi Department of Revenue (March 2013)

Codes, 1942, § 9979.5; Laws, 1956, ch. 424, § 1; Laws, 2013, ch. 470, § 5, eff from and after Jan. 1, 2013.

How often courts cite this section

20062010201310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Except as otherwise provided in Sections 27-7-49, 27-13-49 and 27-65-42, all suits by any taxpayer for the recovery of any privilege, income, franchise, or other excise tax, and all applications or proceedings for any refund or credit of these taxes shall be filed or made within three (3) years next after the return was filed, or from the date the assessment of the tax was made, or from the date the tax was paid, as the case may be, whichever is the earlier, and no recovery of taxes under any such suit shall be had and no refund of taxes shall be made unless the suit or application was filed within the period of limitation.

However, as to income taxes the three-year statute of limitations shall be extended to six (6) years in cases where the reported net income of a taxpayer has been reduced by the Internal Revenue Service for any taxable period.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.