As Amended
SEC. 27-61-13. Credit; refund.
If the quarterly report filed by any permittee as provided herein shall establish that such permittee has paid a greater amount of tax for such quarter than permittee was liable for under the provisions of this chapter, then the amount of such overpayment may be carried forward and credit therefor taken against subsequent tax liability incurred under the provisions of this chapter, provided such credit is taken on a report filed within three (3) years from the quarter in which such excess tax was paid.
If the quarterly report filed by any permittee as provided herein shall establish that such permittee has paid a greater amount of tax for such quarter than permittee was liable for under the provisions of this chapter, then under the following conditions such permittee may obtain a credit certificate for such excess tax paid: Permittee must file with the commission a claim for credit on tax paid to this state on fuel consumed outside the State of Mississippi on forms provided by the commission. Such excess tax refund credit may be allowed if it is shown that such permittee has paid to another state under lawful requirements of such state a tax, similar in effect to the tax herein provided, on the use or consumption in such state of fuel purchased in Mississippi to the extent of the fuel consumed in said other state at the rate per gallon of the applicable Mississippi tax on fuel as established by this chapter. All such claims must be submitted to the commission within three (3) years from the quarter in which the excess tax was paid, otherwise such claim shall be disallowed. Upon approval of such claim, the commission shall issue a credit certificate to the permittee for the amount of the excess tax paid. Any qualified Mississippi distributor may accept such credit certificate from the permittee as payment or partial payment on subsequent purchases, and the distributor may deduct the amount of such certificate from its monthly tax report. If such distributor has no tax liability with the commission, he may assign such credit to another bonded distributor.
From and after July 1, 1982, any permittee who, in a manner to be prescribed by the commission, shows that he has purchased not less than twenty percent (20%) more fuel in Mississippi than was needed to cover the miles traveled in Mississippi, may receive a refund of the excess tax paid.
Refunds or credit certificates may be withheld when the permittee is in arrears or default to this state for any taxes or has failed to file returns as required by the provisions of the laws administered by the commission.
SOURCES: Codes, 1942, Sec. 10080-07; Laws, 1969 Ex Sess, ch.
60, Sec. 7; 1971, ch. 497, Sec. 2; 1981, ch. 468; Sec. 68; 1982, ch. 438,
Sec. 15; 1988, ch. 465, Sec. 6, eff from and after July 1, 1988.