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Business Taxes Law Guide—Revision 2024

Tax on Insurers Law

Revenue and Taxation Code

Division 2. Other Taxes
Part 7. Insurance Taxation

Chapter 7. Cancellations and Refunds*

Article 2. Refund or Credit for Collected Taxes²

Section 12978


12978. Time for presentation of claim. No credit or refund shall be allowed or approved after four years after April 1st of the year following the year for which the overpayment was made, or with respect to a deficiency assessment made under Article 3 (commencing with Section 12421) of Chapter 4 after six months from the date the deficiency assessment becomes final, or after six months from the date of the overpayment, whichever period expires the later, unless a claim therefor is filed with the commissioner or the board within that period.

History—Stats. 1961, p. 1991, operative January 1, 1962, completely revised this section. Stats. 1969, p. 1476, in effect August 14, 1969, operative January 1, 1970, substituted "April 1st" for "June 15th". Stats. 1982, Ch. 454, in effect January 1, 1983, added "(commencing with Section 12421)" after "Article 3," deleted "of this part" after "Chapter 4" and substituted "that" for "such" after "within".


* Stats. 1961, p. 1990, operative January 1, 1962, amended the title of Chapter 7 from "corrections" to "cancellations and refunds".

² Stats. 1961, p. 1990, operative January 1, 1962, amended the title of Article 2 from "Credit for Collected Taxes" to "Refund or Credit for Collected Taxes".