LD 1919
pg. 160
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LR 2833
Item 1

 
2.__Payment of tax.__The tax imposed by this chapter is due
and payable on the date on which the person subject to the tax is
paid for the service rendered, or the billing date, whichever
comes first.__Upon such terms and conditions as the assessor may
prescribe, the assessor may permit a postponement of payment to a
date not later than the date on which the sales so taxed are
required to be reported.

 
§2555.__Overpayments; refunds

 
If the assessor determines, upon written application by a
taxpayer or during the course of an audit, that any tax has been
paid more than once or has been erroneously or illegally
computed, the assessor shall certify to the State Controller the
amount paid in excess of that legally due and that amount must be
credited by the assessor on any taxes then due from the taxpayer
and the balance refunded to the taxpayer or its successor in
interest, but no such credit or refund may be allowed unless
within 3 years of the date of overpayment either a written
petition stating the grounds upon which the refund or credit is
claimed is filed with the assessor or the overpayment is
discovered on audit.__Interest at the rate determined pursuant to
section 186 must be paid on any balance refunded pursuant to this
chapter from the date the return listing the overpayment was
filed or the payment was made, whichever is later.__At the
election of the assessor, unless the taxpayer specifically
requests a cash refund, the refund may be credited to the
taxpayer's service provider tax account, but in the case of a
credit no further interest may accrue from the date of that
election.__The taxpayer may not apply for a refund of any amount
assessed when administrative and judicial review under section
151 has been completed.

 
A taxpayer dissatisfied with the decision of the assessor,
upon a written request for refund filed under this section, may
request reconsideration and appeal from the reconsideration to
the Superior Court in the same manner and under the same
conditions as in the case of assessments made under chapter 7.__
The decision of the assessor upon such written request for refund
becomes final as to law and fact in the same manner and under the
same conditions as in the case of assessments made under chapter
7.

 
§2556.__Sourcing rules for mobile telecommunications services

 
1.__Sourcing rule; identifying place of primary use.__Mobile
telecommunications services provided to a customer whose place of
primary use is located in this State, the charges for which are
billed by or for the customer's home service provider, are deemed
to be provided at the customer's place of primary use.__A home


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