Application for refund of overpaid tax amount, refund procedure and terms

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Today we have to find out what the application for the return of the overpaid amount of tax is. What should every conscientious taxpayer know about this document (and the process of writing it)? What features of the procedure are recommended to pay attention to? All these questions will be answered below. It is not very difficult to figure out how to return the extra tax.

Foundations

So, the first step is to understand when a citizen or organization can apply to the tax service with a statement of the established form. Not every person has such an opportunity.

So, you can apply for a refund of overpaid tax if:

• citizen initially transferred to the tax authorities more money than expected;
• advance payments exceeded tax due;
• an amended declaration was filed;
• whenVAT refund.

In practice, the first scenario is most common. Regardless of the reason for the appeal, the citizen will have to act in a specific way. What is it about?

Procedure of treatment

What is the procedure for refunding overpaid tax? This procedure, as already mentioned, is not the most difficult. It does not require significant paperwork from the applicant.

To get back the money paid in excess of the amount actually needed, you need:

1. Prepare all the necessary documents for the case. Their list will be offered below.
2. Write an application in the prescribed form for a refund.
3. Submit a request to the tax office at the place of residence/registration. Attach a prepared package of papers to it.
4. Waiting for a response from the tax authorities. In the case of a positive answer, we can expect the transfer to the account of the citizen/organization of the money due.

No more manipulation required. In fact, everything is much simpler than it seems.

About timing

Now a little about when exactly a person can apply to the tax office with a corresponding request. Are there any restrictions on this?

Yes. The fact is that a citizen has the right to a refund of the amount of overpaid tax (Article NK 78, paragraph 7) within three years from the moment the surplus is formed. For a longer period of time, the money is not returned under any circumstances.

What time is itdoes it take to bring the idea to life? How long will the application be considered by the tax authorities?

To date, the deadline for the return of the amount of overpaid tax is 30 days. Throughout the month from the date of submission of the request of the established form, the tax service will consider it. But when exactly the money will be transferred to the account of the taxpayer, the said service reports.

Tax actions

How should the tax authorities act upon receipt of an application for a refund of money paid for taxes? Everything is very simple. It is enough to consider the submitted application and respond to it within a certain time from the date of receipt. The response must indicate the date when the money will be transferred to the applicant's account.

If you describe the actions of the tax authorities more precisely, you get the following situation:

1. On the direct decision on the refund of money for overpaid tax is given only 10 days. The tax office should carefully study all the papers and prepare a response on the acceptance or rejection of the application.
2. Until the end of the allotted month, transfer the order to the territorial body of the treasury. This operation is necessary if the decision is positive.
3. The tax authorities must inform the taxpayer of their response within 5 days from the date of its acceptance.

From this it follows that it is recommended to wait for notifications from the tax authorities a maximum of 15 days from the date when the application for the return of the overpaid amount was submittedtax.

Documents

What documents can be useful to bring the idea to life? There are not very many of them, as already noted.

The citizen will have to prepare the following package of papers:

• identity card;
• TIN;
• statement;
• documents indicating the payment of tax in various amounts;
• adjusted declaration (if available);
• details of the account to which the money will be transferred in case of a positive decision.

This completes the list of everything you need. What else should every taxpayer know?

Debt and return

For example, that it is far from always that a citizen is returned the entire amount paid in excess of the due tax. There are exceptions.

Which ones exactly? If the application for the refund of the overpaid amount of tax was submitted by a person with debts on any other taxes and pen alties, it will not be possible to return all the money. The tax authorities will transfer to the citizen's account only the amount that is taken into account after deducting the debt.

In other cases, the money is transferred in full. The exception is cases of delayed payments by the tax authorities. The fact is that in case of violation of the terms for transferring funds on an application for the return of excess tax, pen alties are due for each day of delay. Accordingly, the longer the tax authorities delay payments, the more money they will have to pay.

Sample

What does a return request look like?amount of tax paid? We can only say with certainty that this document is submitted only in writing. Either handwritten or PC printed.

But the exact text has no indication. The application is made according to the general rules for writing business papers. The body text can be free-form, but it must contain all the information about the requirement.

So the statement might look something like this:

"I, (data about the citizen), ask to return to me paid in excess of tax (name of payment and amount of overpayment) and transfer them to the account (details). Evidence of the overpayment is attached to this application."

That's it. After filing such a paper, a case will be considered for the return of the amount of overpaid tax collected. It remains only to wait. In the absence of debts to the state, the citizen will receive the money back in about a month from the date of application.