Sec. 1. (a) A person may file with the department of state revenue a claim for the refund of inheritance tax or Indiana estate tax (paid before its repeal) which has been erroneously or illegally collected. Except as provided in section 2 of this chapter, the person must file the claim within:
(1) three (3) years after the tax is paid; or
(2) one (1) year after the tax is finally determined under IC 6-4.1-5-10;
whichever is later.
(b) A person must file a claim for a refund on a form prescribed by the department of state revenue. The claim must include:
(1) the amount of the refund claimed; and
(2) the reason the person is entitled to a refund.
(c) The amount of the refund that a person is entitled to receive under this chapter equals the amount of the erroneously or illegally collected tax, plus interest calculated as specified in subsection (d).
(d) If a tax payment that has been erroneously or illegally collected is not refunded within ninety (90) days after the later of the date on which:
(1) the refund claim is filed with the department of state revenue; or
(2) the department of state revenue receives:
(A) the inheritance tax return and order required under IC 6-4.1-5-10, in the case of a resident decedent; or
(B) the inheritance tax return, in the case of a nonresident decedent;
interest accrues at the rate of six percent (6%) per annum computed from the date under subdivision (1) or (2), whichever applies, until the tax payment is refunded.
As added by Acts 1976, P.L.18, SEC.1. Amended by Acts 1980, P.L.57, SEC.25; P.L.211-2007, SEC.33; P.L.182-2009(ss), SEC.232; P.L.205-2013, SEC.111.
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