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1985 Colorado Attorney General Reports and Opinions 1 (1985)

handle is hein.sag/sagco0027 and id is 1 raw text is: January 22, 1985 Alan N. Charnes Executive Director Department of Revenue 1375 Sherman Street, Rm. 486 Denver, Colorado 80261 RE: Interest on refunds claimed on an amended tax return AG Alpha No. RV AD AGANV AG File No. OLS8404412/ANV Dear Mr. Charnes: This opinion letter is in response to your October 19, 1984 letter, in which you inquired about how the Department of Revenue (department) is to determine the period during which interest is payable on tax refunds. QUESTION-PRESENTED-AND CONCLUSION Your request for an attorney general's opinion presents the ques- tion: If a taxpayer files an amended tax return claiming a refund for overpayment of taxes, is the department required to pay interest on the refund amount even if the refund is paid within 90 days after the due date of the original tax return? My conclusion is yes. Interest must be paid unless the depart- ment refunds the tax overpayment within 90 days after the orig- inal return was due, without regard to when the amended return was filed. ANALYSIS Two separate statutory provisions direct the department to pay interest on refunds of tax overpayments if the refund is not paid by specified deadlines. Section 39-21-110, C.R.S. (1982) is a general provision pertaining to refunds of any income, gross ton- mile, passenger-mile, gasoline, special fuel, sales, use, or severance tax or any charge on oil and gas production. A more specific provision dealing with refunds of personal income tax is found at section 39-22-622, C.R.S. (1982).