A current refunding occurs when the (old) refunded issue is retired within 90 days after the refunding (new) issue is sold.
A current refunding is less complicated and less costly than an advance refunding, since a current refunding does not require that the issuer establish an escrow account, hire a paying agent/registrar to administer the escrow account, obtain bond ratings on the refunded issue or verify the cash flow in the escrow account.
In GCM 39772, the IRS Chief Counsel needed to decide when an overpayment claimed on an original return was refunded, to determine when interest on a subsequently determined deficiency for the same tax year began to run.
301.66111(j) provided that, for purposes of the 45-day rule, "an overpayment shall be considered refunded on the date of allowance as prescribed in section 6407." However, TD 7301 (1/3/74) deleted that sentence.
Assume a refund claim for the 1986 year results in an overpayment of $100 that is refunded on March 15, 1995.
The $200 on 1985 will be refunded with allowable interest, from March 15, 1986, to the date of the refund, of $108 ($200 x 6% x 9 years).
(22) In the case of an overpayment that is refunded
, the interest period runs from the date of overpayment to a date (to be determined by the IRS) preceding the date of the refund check by not more than 30 days.
Although A's 1995 taxes were due on April 15, 1996, they were not underpaid until the $20 was refunded
without interest to A on Sept.
The Service refunded
the tax attributable to the deducted amount, but refused to refund the interest the taxpayer had paid.
* Provides that there will be no loss of Social Security wage credits with respect to amounts refunded
In general, diesel fuel tax refunds are limited to one per calendar quarter, and the Service pays no interest on them; a fourth quarter claim is made on the claimant's tax return (treated as a refundable credit against income tax; thus, interest might be paid if there is an overpayment not timely refunded
6511(b) places a limit on the amount of overpayment that may be credited or refunded
. Under Sec.
amount is sent from the IRS directly to the lender, rather than to the taxpayer.
For example, in both Tax Court cases, the amounts claimed and refunded
were not the same after the state reviews were conducted.
Note that the estimated taxes refunded
generally are treated as if never paid if later estimated tax penalties arise.