Oklahoma § 36-624.2 - Refund of erroneously paid premium tax – Filing – Demand

§ 36-624.2. Refund of erroneously paid premium tax – Filing – Demand

for hearing.

A. Any taxpayer who has paid to the State of Oklahoma, through

error of fact, or computation, or misinterpretation of law, any

premium tax collected by the Oklahoma Insurance Commissioner may, as

hereinafter provided, be refunded the amount of such tax so

erroneously paid, without interest.

B. Any taxpayer who has so paid any such premium tax may,

within three (3) years from the date of payment thereof, file with

the Insurance Commissioner a verified claim for refund of such tax

so erroneously paid. The Insurance Commissioner may accept an

amended premium report or return as a verified claim for refund if

the amended report or return establishes a liability less than the

original report or return previously filed.

C. Said claim so filed with the Insurance Commissioner, except

for an amended report or return, shall specify the name of the

taxpayer, certificate of authority or license number of the

taxpayer, the time when and period for which said premium tax was

paid, the nature and kind of premium tax so paid, the amount of the

premium tax which said taxpayer claimed was erroneously paid, the

grounds upon which a refund is sought, and such other information or

data relative to such payment as may be necessary to an adjustment

thereof by the Insurance Commissioner. It shall be the duty of the

Insurance Commissioner to determine what amount of refund, if any,

is due as soon as practicable, but no later than ninety (90) days

after such claim has been filed, and advise the taxpayer about the

Oklahoma Statutes - Title 36. Insurance

correctness of the taxpayer's claim, and the claim for refund shall

be approved or denied by written notice to the taxpayer.

D. If the claim for refund is denied, the taxpayer may file a

demand for hearing with the Insurance Commissioner. The demand for

hearing must be filed on or before the thirtieth day after the date

the notice of denial was mailed. If the taxpayer fails to file a

demand for hearing, the claim for refund shall be barred.

E. Upon the taxpayer's timely filing of a demand for hearing,

the Insurance Commissioner shall set a date for hearing upon the

claim for refund which date shall not be later than sixty (60) days

from the date the demand for hearing was mailed. The taxpayer shall

be notified of the time and place of the hearing. The hearing may

be held after the sixty-day period provided by this subsection upon

agreement of the taxpayer.

Added by Laws 2003, c. 124, § 1, eff. Nov. 1, 2003.