Mississippi Code

Miss. Code Ann. § 27-7-313 (2026)

Refund to taxpayer

✓ current as of July 2026

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In the case of any overpayment of any tax, interest or penalty levied or provided for in Article 1 of this chapter, or in this article, whether by reason of excessive withholding, error on the part of the taxpayer, erroneous assessment of tax, or otherwise, the excess shall be refunded to the taxpayer.

When, upon examination of any return made under this article, or under the provisions of Article 1 of this chapter, it appears that an amount of income tax has been paid in excess of the amount properly due, then the amount of the excess shall be credited against any income tax then due from the taxpayer under any other return required by this article, or Article 1 of this chapter. Refunds or credits may be withheld or applied against any other tax determined finally to be due if the taxpayer has failed to pay any tax finally due as required by the provisions of the laws administered by the department. Any excess after such application shall be certified to the State Auditor of Public Accounts by the commissioner. The Auditor is hereby authorized to make any investigation and audit of the claim as he finds necessary. If he finds that the commissioner is correct in his determination, the Auditor may issue his warrant to the State Treasurer in favor of the taxpayer for the amount of tax erroneously paid into the State Treasury. No refund shall be granted under this article or under the provisions of Article 1 of this chapter unless a claim for the refund is made within three (3) years from the date the return is due, or within three (3) years from the final day of an extension period previously granted by the commissioner pursuant to the provisions of Section 27-7-50; however, the restrictions imposed by this section do not apply to those refund requests or claims made in compliance with Section 27-7-49.

The State Treasurer shall withhold from all income taxes collected each month an amount necessary to make refunds expected to be approved by the State Auditor during the following month. This amount shall be placed in a special fund, separate and apart from the General Fund of the state, and used for the purpose of making refunds under the income tax laws of the state. All refunds made under this article shall be made as quickly as possible upon receipt of the proper proof, as required by the State Auditor.

In order to obtain a refund, an employee shall attach to his return a copy of the withholding statement required to be furnished him by his employer as provided in Section 27-7-311. The making of any refund shall not be conclusive of the tax due by any individual, but shall be made subject to the future audit of his return and the determination of his liability. Bond requirements of Section 7-7-57 shall not apply to warrants for refund of income tax.

Codes, 1942, § 9220-68; Laws, 1968, ch. 580, § 8; Laws, 1971, ch. 512, § 8; Laws, 1975, ch. 449, § 1; Laws, 1982, ch. 489, § 5; Laws, 1986, ch. 393, § 6; Laws, 1988, ch. 391, § 9; Laws, 1989, ch. 485, § 7; Laws, 1990, ch. 523, § 7, eff. 1/1/1990.

Amended by Laws, 2013, ch. 470, HB 892, 4, eff. 1/1/2013.

Notes of Decisions

Cited in 6 cases, 1989–2020 · leading case: Marx v. Broom, 632 So. 2d 1315 (Miss. 1994).

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Marx v. Broom, 632 So. 2d 1315 (Miss. 1994). · cites it 7× “That court further found that state law provides for refunds pursuant to Miss. Code Ann. § 27-7-313 (Supp. 1989) to the parties for the years 1985 to 1989.”

Vickie Kansler v. Mississippi Dep't of Revenue, 263 So. 3d 641 (Miss. 2018). · cites it 2× “2008) ; Miss. Code Ann. § 27-7-313 (Rev. 2017). ¶ 32.”

Robert L Williams, Jr. v. Ed Morgan, 201 So. 3d 1073 (Miss. Ct. App. 2016). “See Miss. Code Ann. § 27-7-313 (Rev. 2013) (providing for taxpayer refunds where an overpayment of taxes occurs due to “excessive withholding, error on the part of the taxpayer, erroneous assessment of tax, or otherwise”).”

Caesars Ent., Inc. v. Mississippi Dep't of Revenue (Miss. 2020). · cites it 10× “Miss. Code Ann. § 27-7-313 (Rev. 2010) (emphasis added) (current version at Miss.”

Todd v. Johnson, 718 F. Supp. 1305 (S.D. Miss. 1989). “3, § 24 (Courts of Mississippi provide every person remedy for any injury done him in his lands, goods, person or reputation); Miss.Code Ann. §§ 27-7-313, 27-7-315, 27-7-51, 27-7-53, 27-7-71, and 27-7-73 (specific income tax provisions related to contesting the amount or…”

H. J. Wilson Co., Inc. v. Mississippi State Tax Comm'n (Miss. 1996). · cites it 2× “The applicable refund statute in Marxwas Miss. Code Ann. § 27-7-313 which provided: In the case of any overpayment of any tax, interest or penalty levied or provided for in article 1 of this chapter, or in this article, whether by reason of excessive withholding, error on the…”

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