Jun 13, 2016
From KPMG TaxWatch
House Bill 3205, which was signed into law on June 6, 2016, reduces the statute of limitations for filing sales and use tax refund claims from three years to two years. Specifically, after the effective date of the bill, any taxpayer that has paid sales or use tax may, within two years from the date of payment, file a verified claim for refund of erroneously paid tax. The Tax Commission may accept an amended sales or use tax report or return as a verified claim for refund if the amended report or return establishes a liability less than the original report or return previously filed. The effective date of the bill is August 25, 2016. As the bill is interpreted by the Oklahoma Tax Commission, claims for sales tax refunds filed after August 25 will be subject to the two year statute of limitations; claims filed prior to that date are eligible for the current three year statute. It should be noted that the bill does not change the statute of limitations for the Commission to assess sales and use tax, which is generally three years from the date the return was required to be filed or the date the return was filed, whichever period expires later. Please contact Brian Culvey at (713) 319-3831 with questions on Oklahoma House Bill 3205.
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The information contained herein is of a general nature and based on authorities that are subject to change. Applicability of the information to specific situations should be determined through consultation with your tax adviser.