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| If the State Tax Assessor determines, upon written application by |
| a taxpayer or during the course of an audit, that any tax under |
| this chapter 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. 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 from 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 date |
| the payment was made, whichever is later, except that in cases of |
| excessive or erroneous collections interest must be paid in |
| accordance with section 4949, subsection 3. At the election of the |
| assessor, unless the taxpayer specifically requests a cash refund, |
| the refund may be credited to the taxpayer's meals and rentals 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. |
