New Jersey § 54a:9-7

§ 54a:9-7.

Overpayment. (a) General. The director, within the applicable period of limitations may credit an overpayment

of income tax against any liability in respect of any tax imposed by the tax law on

the person who made the overpayment, and the balance shall be refunded by the comptroller

out of the proceeds of the tax retained by him for such general purpose. Any refund under this section shall be made only upon the filing of a return and

upon a certificate of the director approved by the comptroller. The State Treasurer, as a condition precedent to the approval of such a certificate,

may examine into the facts as disclosed by the return of the person who made the overpayment

and other information and data available in the files of the director. (b) Excessive withholding. If the amount allowable as a credit for tax withheld from the taxpayer exceeds his

tax to which the credit relates, the excess shall be considered an overpayment. (c) Overpayment by employer. If there has been an overpayment of tax required to be deducted and withheld under N.J.S. 54A:7-4 , refund shall be made to the employer only to the extent that the amount of the overpayment

was not deducted and withheld by the employer. (d) Credits against estimated tax. The director may prescribe regulations providing for the crediting against the estimated

income tax for any taxable year of the amount determined to be an overpayment of the

income tax for a preceding taxable year. If any overpayment of income tax is so claimed as a credit against estimated tax

for the succeeding taxable year, such amount shall be considered as a payment of the

income tax for the succeeding taxable year (whether or not claimed as a credit in

the declaration of estimated tax for such succeeding taxable year), and no claim for

credit or refund of such overpayment shall be allowed for the taxable year for which

the overpayment arises. (e) Rule where no tax liability. If there is no tax liability for a period in respect of which an amount is paid

as income tax, such amount shall be considered an overpayment. (f) Under regulations prescribed by the director with approval of the State Treasurer

interest shall be allowed and paid at the rate determined by the director to be equal

to the prime rate pursuant to R.S. 54:48-2 upon any overpayment in respect of the tax imposed by this act , determined for each month or fraction thereof, compounded annually at the end of

each year, from the date that such interest commences to accrue to the date of refund ; but no interest shall be allowed or paid on an overpayment of less than $1.00,

nor upon any overpayment refunded within six months after the last date prescribed,

or permitted by extension of time, for filing the return or within six months after

the return is filed, whichever is later.