47.02.100 Refunds

(a) Except as provided in Subsection (b) of this section, any person paying any tax erroneously may apply to the Tax Commissioner for a refund within two years of the date of severance. The Tax Commissioner shall refund such tax if found to have been erroneously paid. All amounts refunded under this subsection shall bear interest at the lesser of: (i) the rate described in the 1986 Internal Revenue Code at §662l (a)(2) (Supp. 1987), as amended from time to time, or (ii) the rate of return received by the Tribe on the refundable amounts while said amounts have been in the Tribe's possession. In computing amounts of erroneous overpayment, the Tax Commissioner may examine severance tax payment records to determine if any offsets exist resulting from erroneous underpayment.

(b) With respect to refunds resulting from a successful protest submitted under Section 47.02.120 of this Code or under other authority recognized by the Tribal Council, should protested payments be escrowed or separately held by the Tribe during the period of the protest. then the refund of protested tax payments shall bear interest at the rate earned during the period of escrow; provided that such refunded interest amount shall not exceed the rate described in the 1986 lnternal Revenue Code at §6621(a)(2) (Supp. 1987), as the same shall be amended from time to time. This subsection shall, to the maximum extent permitted by law, apply to any protests pending as of the date of enactment of this Code.