Determination of amount of tax overpayment by secretary--Recovery credited against future taxes--Exceptions
Applied in 5 court decisions — leading case Pourier v. South Dakota Department of Revenue & Regulation (2010)
Most recently applied in Pourier v. SD DEPT. OF REVENUE & REGULATION (February 2010)
Source: SL 1986, ch 111, § 22; SL 2009, ch 59, § 1.
The secretary shall determine the amount of any tax overpayment recoverable by a taxpayer. The secretary shall credit any recovery of overpaid taxes against the future taxes of the taxpayer, except:
(1) A taxpayer having no future tax obligations may receive a refund; or
(2) A taxpayer whose recovery credit is not used within one year may receive a refund equal to the amount of recovery credit unused at the end of the one-year period.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.