Article 71 - Tax Refund

Subject to the provisions of Article 34 of the Law, and upon the submission of a refund request by the Filing Constituent Entity in the manner prescribed for this purpose by the Bureau, the Bureau may refund the Tax in any of the following cases:

1. Payment of an amount or advance payments in excess of the Tax Due for the Fiscal Year.

2. Amendment of a Tax Return following the payment of Tax and resulting in reducing the Tax Due.

3. Not meeting the Revenue Test after paying one or more advance payments, provided that the Filing Constituent Entity has submitted a notification as per Paragraph C of Article 21 of the Law.

The Bureau shall respond to the validity of the refund request within ninety days or within a longer period as determined appropriate by the Bureau. In all cases, the Bureau has the right to postpone processing the refund request where it starts Tax Audit procedures for the Fiscal Year subject to that request.

The Bureau shall process payments relating to refund requests within thirty days of the issue of its decision approving the request and the Filing Constituent Entity may choose to treat the refund as a credit to be applied in subsequent Fiscal Years.

The Bureau may postpone issuing a decision to refund Tax where there are any amounts disputed in accordance with Article 31 of the Law or if the Filing Constituent Entity has any outstanding obligations to the Bureau.

The Bureau may set off excess Tax paid by a Filing Constituent Entity for a Fiscal Year against any Tax Due for other Fiscal Years or administrative fines due by the Filing Constituent Entity until the excess Tax paid is exhausted. The Bureau shall process the refund of the remaining excess Tax in accordance with the provisions of this Article.