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Business Taxes Law Guide—Revision 2024
Use Fuel Tax Law
Revenue and Taxation Code
Division 2. Other Taxes
Part 3. Use Fuel Tax
Chapter 6. Overpayments and Refunds.
Article 1. Claim for Refund
Section 9155
9155. Interest on overpayment. Interest shall be paid upon any overpayment of any amount of tax at the modified adjusted rate per month established pursuant to Section 6591.5 from the first day of the calendar month following the period during which the overpayment was made. In addition, a refund or credit shall be made of any interest imposed upon the person making the overpayment with respect to the amount being refunded or credited.
The interest shall be paid as follows:
(a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he or she has not already filed a claim, is notified by the board that a claim may be filed or the date upon which the claim is approved by the board, whichever date is the earlier.
(b) In the case of a credit, to the same date as that to which interest is computed on the tax or amount against which the credit is applied.
History—Added by Stats. 1963, p. 4383, in effect September 20, 1963. Stats. 1975, Ch. 661, operative to interest accruing on or after January 1, 1976, substituted "1 percent" for "one-half of 1 percent." Stats. 1982, Ch. 5, First Extra Session, in effect May 27, 1982, substituted "adjusted … 19269" for "rate … month" before "from" in the first sentence. Stats. 1983, Ch. 1102, in effect September 27, 1983, operative November 1, 1983, substituted "25th" for "last" before "day" in the first sentence of the first paragraph and in subdivision (a). Stats. 1984, Ch. 1020, effective January 1, 1985, operative July 1, 1985, substituted "modified … per month" for "adjusted annual rate" before "established" in first paragraph, substituted "he or she" for "he" in (a). Stats. 1992, Ch. 1336, in effect January 1, 1993, substituted "26th" for "25th" after "from the", substituted "during" for "for" after "period", and substituted ". In addition, a" for "; but no" in the first sentence; and added "as follows" after "paid" in the second paragraph. Stats. 1995, Ch. 555, in effect January 1, 1996, substituted "first day of the calendar" for "26th day of the" after "6591.5 from the" in the first paragraph; and substituted "last day of the calendar" for "25th day of the" after "refund, to the" in subdivision (a).