§ 3020. Credits and refunds

(a) A person who purchased fuel within this State from a dealer or distributor upon which he or she paid the tax at the time of purchase, or a person exempt from the payment of the tax under subsection 3003(d) of this title and who purchased fuel within this State upon which he or she paid tax at the time of purchase, shall be entitled to a credit or refund equal to the amount of tax per gallon in effect when the fuel was purchased. When the amount of the credit to which any person is entitled for any reporting period exceeds the amount of his or her tax for the same period, the excess shall be allowed as a credit against the tax for which the person otherwise would be liable for the next succeeding reporting period. However, any credits to be calculated shall be applied against any outstanding assessments due with the balance to be credited against the tax liability for the next succeeding reporting period. If requested, he or she shall be entitled to a refund of any excess tax paid. When the excess tax paid is $25.00 or greater, a refund shall be made without a request being required. Credit or refunds for tax paid purchases must be claimed on either the report covering the reporting period in which the purchase was made or on the report filed for any of the next 11 following reporting periods, but in no case may credits or refunds be claimed more than 33 months following the due date of the report covering the reporting period in which the purchase was made.

(b) If the Commissioner determines that a tax, penalty, interest, or fee required by this chapter has been paid more than once by a licensee, or has been illegally or erroneously collected or computed, the excess amount paid or collected shall be credited to the tax account of the licensee, and the licensee shall be notified thereof by mail. Any balance of the excess amount remaining in the licensee's account after crediting the overpayment shall be refunded if requested within 30 days of the date of mailing notice.

(c) A person who sells or delivers fuel subject to the tax imposed by 32 V.S.A. chapter 233 upon which the tax imposed by this chapter has been paid shall be entitled to a refund in the amount of such tax paid pursuant to this chapter. Such refunds shall be claimed at the time the report required under section 3014 of this title is filed for the reporting period in which the sale or delivery subject to 32 V.S.A. chapter 233 was made or on the report for the next following reporting period. (Added 1981, No. 172 (Adj. Sess.), § 1; amended 1983, No. 44, § 4, eff. April 21, 1983; 1985, No. 58, § 5; 1987, No. 98, § 2, eff. Jan. 1, 1988; 1993, No. 212 (Adj. Sess.), § 11; 1999, No. 154 (Adj. Sess.), § 7.)