(a) Every taxpayer who believes he/she has wrongly paid or been charged a debt or deficiency with respect to the tax, shall be able to request in writing to the Company that the payment paid in excess be credited to the future amounts to be paid with respect to the tax. In relation to any payment in excess of that owed, the Company shall certify the excess to the taxpayer as a credit for the following month’s payment.
(b) The taxpayer shall request such credit within the term and in accordance with the procedures established by the Company through regulation approved to such effect.
(c) The Company may, on its own initiative, determine that the taxpayer has made an excess payment with respect to the tax, and concede them a credit of any amount that in its judgment was paid wrongly or in excess of the amount owed. In relation to any payment in excess to that owed, the Company shall certify the excess to the taxpayer as a credit for the next month’s payment.
(d) When the Company approves an application for credit, or when the Company itself determines that the taxpayer has made a payment in excess of that owed, it shall investigate if the taxpayer has any enforceable debt or deficiency pursuant to this chapter, in which case the Company shall credit to such debt the amount that, as a credit, would have corresponded to the taxpayer with respect to payments in excess of that owed.
(e) If a claim for credit filed by a taxpayer were denied in whole or in part by the Company, the Company shall notify the taxpayer of its decision by certified mail with return receipt requested. The taxpayer may appeal such denial following the adjudicative procedure that may be approved by the Company.
(f) When the Company adjudicates or grants credits that do not correspond, the Company may reconsider the case and reinstate the tax rejecting the credit and notifying the taxpayer of a debt or deficiency in the form and pursuant to the procedure established in § 2271w of this title.
(g) The Company may adopt those regulations it deems necessary and convenient to comply with the procedures provided in this section.
History —Sept. 9, 2003, No. 272, § 41, eff. 180 days after Sept. 9, 2003.