(1) In case a claim is
made by any person that the person has erroneously paid the tax
or a part thereof or any charge hereunder, the person may apply
in writing to the department of licensing for a refund of the
amount of the claimed erroneous payment within thirteen months of
the time of payment of the tax on such a form as is prescribed by
the department of licensing. The department of licensing shall
review such application for refund, and, if it determines that an
erroneous payment has been made by the taxpayer, it shall certify
the amount to be refunded to the state treasurer that such person
is entitled to a refund in such amount together with interest at
the rate specified in RCW 82.32.060, and the treasurer shall make
such approved refund together with interest at the rate specified
in RCW 82.32.060 herein provided for from the general fund and
shall mail or deliver the same to the person entitled thereto.
(2) If due to error a person has been required to pay an
excise tax under this chapter and a vehicle license fee under
Title 46 RCW which amounts to an overpayment of ten dollars or
more, such person shall be entitled to a refund of the entire
amount of such overpayment, together with interest at the rate
specified in RCW 82.32.060, regardless of whether a refund of the
overpayment has been requested. If due to error the department
or its agents has failed to collect the full amount of the
license fee and excise tax due, which underpayment is in the
amount of ten dollars or more, the department shall charge and
collect such additional amount as will constitute full payment of
the tax and any penalties or interest at the rate specified in
RCW 82.32.050.
(3) Any person making any false statement in the claim
herein mentioned, under which the person obtains any amount of
refund to which the person is not entitled under the provisions
of this section, is guilty of a gross misdemeanor.
[2003 c 53 § 406; 1992 c 154 § 6. Prior: 1989 c 378 § 26; 1989 c 68 § 4; 1981 c 260 § 16; prior: 1975 1st ex.s. c 278 § 97; 1975 1st ex.s. c 9 § 1; 1974 ex.s. c 54 § 9; 1961 c 15 § 82.50.170; prior: 1955 c 139 § 17.]
NOTES:
Reviser's note: See note following RCW 82.50.010.
Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.
Effective date -- 1992 c 154: See note following RCW 82.48.020.
Construction -- Severability -- 1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Severability -- Effective dates -- 1974 ex.s. c 54: See notes following RCW 82.48.080.