Section 59-12-110.1 - Refund or credit for taxes overpaid by a purchaser - Seller reasonable business practice(1) Subject to the other provisions of this section, a purchaser may request from a seller a refund or credit of any amount that: (a) the purchaser overpaid in taxes under this chapter; and(b) was collected by the seller.(2)(a) Except as provided in Subsection (2)(b), the procedure described in Subsection (1) is in addition to the process for a taxpayer to file a claim for a refund or credit with the commission under Section 59-1-1410.(b) Notwithstanding Subsection (2)(a): (i) the commission is not required to make a refund or credit of an amount for which as of the date the refund or credit is to be given the purchaser has requested or received a refund or credit from the seller; and(ii) a seller is not required to refund or credit an amount for which as of the date the refund is to be given the purchaser has requested or received a refund or credit from the commission.(3) A purchaser may not bring a cause of action against a seller for a refund or credit described in Subsection (1): (a) unless the purchaser provided the seller written notice that: (i) the purchaser requests the refund or credit described in Subsection (1); and(ii) contains the information necessary for the seller to determine the validity of the request; and(b) sooner than 60 days after the day on which the seller receives the written notice described in Subsection (3)(a).(4) A seller that collects a tax under this chapter that exceeds the amount the seller is required to collect under this chapter is presumed to have a reasonable business practice if the seller: (a) collects the tax under this chapter that exceeds the amount the seller is required to collect under this chapter through the use of: (i) a certified service provider; or(ii) a system certified by the state, including a proprietary system certified by the state; and(b) remits to the commission all taxes the seller is required to remit to the commission under this chapter.Amended by Chapter 212, 2009 General Session.