§ 44-11-20. Claims for refund - Hearing upon denial. (a) Any taxpayer may file a claim for refund with the tax administrator at any time within three (3) years after the tax has been paid, or in the case of a change or correction of its taxable income by any official of the United States government, within three (3) years after receiving notice of the change or correction. If the tax administrator determines that the tax has been overpaid, he or she shall make a refund with interest at the annual rate provided by § 44-1-7.1 from the date of payment.

(b) If the claim for refund relates to an overpayment attributable to a net operating loss carryback or a capital loss carryback, a taxpayer may file a claim for refund with the tax administrator within the period which ends with the expiration of the 15th day of the 39th month following the end of the taxable year of the net operating loss or net capital loss which results in the carryback, or the period prescribed in subsection (a) of this section in respect of the taxable year, whichever expires later.

(c) Any taxpayer whose claim for refund has been denied may, within thirty (30) days from the date of the mailing by the tax administrator of the notice of the decision, request a hearing and the tax administrator shall, as soon as practicable, set a time and place for the hearing and shall so notify the applicant.

History of Section. (G.L. 1938, ch. 37, § 9; P.L. 1947, ch. 1887, art. 1, § 1; G.L. 1956, § 44-11-20; P.L. 1964, ch. 59, § 2; P.L. 1975, ch. 188, art. 1, § 2(a); P.L. 1984, ch. 206, art. 2, § 2; P.L. 1984 (s.s.), ch. 450, § 2; P.L. 1987, ch. 57, art. 1, § 1; P.L. 1992, ch. 388, § 1; P.L. 1999, ch. 171, § 1.)