Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
1. Interest at the rate of one percent per month or fraction of a month must be allowed and paid upon overpayments of tax as follows:
a. Interest on refunds arising from excess income tax withholding or overpayment of estimated tax accrues for payment forty-five days after the due date of the return or after the date the return was filed, whichever comes later.
b. Interest on refunds arising from amended returns or claims made for credit or refund accrues for payment from the due date of the return to the date of payment of the refund excepting the month in which the return was required to be filed.
c. Interest on refunds arising from net operating loss carrybacks, capital loss carrybacks, or tax credit carrybacks accrues for payment from the due date of the return for the year, determined without regard to extensions of the time for filing, giving rise to the loss carryback, to the date of payment of the refund, except that no interest accrues if the refund payment is made within forty-five days of the date the amended return or claim is filed to claim the refund attributable to the carryback.
2. No interest may be paid on refunds arising from amended returns or other claims filed for taxable years beginning before January 1, 1979.
Cite this article: FindLaw.com - North Dakota Century Code Title 57. Taxation § 57-38-35.2. Interest payments - last updated January 01, 2020 | https://codes.findlaw.com/nd/title-57-taxation/nd-cent-code-sect-57-38-35-2.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?