Vermont Statutes Annotated

Vt. Stat. Ann. tit. 32, § 5884 (2026)

Refunds; petitions for refunds

✓ current as of May 2026

Find cases: SyfertCases citing this section VT-LEGlegislature.vermont.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

Subchapter 008 : DEFICIENCIES, ASSESSMENTS, REFUNDS, AND APPEALS

(Cite as: 32 V.S.A. § 5884)

§ 5884. Refunds; petitions for refunds

(a) At any time within three years after the date a return is required to be filed under this chapter, six months from the date a tax liability is paid or offset, or six months after a refund was received from the United States with respect to an income tax liability, or an amount of taxable income, under the laws of the United States, reported in a return filed under the laws of the United States for the taxable year, with respect to which that return was filed under this chapter, whichever is later, a taxpayer may petition the Commissioner for the refund of all or any part of the amount of tax paid. Unless the period is extended by agreement of the Commissioner and the taxpayer, the Commissioner shall thereafter, upon notice to the taxpayer, hold a hearing on the claim and shall notify the taxpayer of his or her determination of the claim within 30 days of the hearing. The failure of the Commissioner to refund the amount claimed by a taxpayer within six months of the date of the petition for the refund, under this subsection, shall be considered to be a notification to the taxpayer of the Commissioner’s determination concerning the claim. The notification shall be considered to have been given on the date of the expiration of the six-month period.

(b) If the Commissioner determines, with respect to a timely filed return or otherwise, that a taxpayer has paid an amount of tax under this chapter that, as of the date of the determination, exceeds the amount of tax liability owing from the taxpayer to the State, with respect to the current and all preceding taxable years, under any provision of this title, the Commissioner shall forthwith refund the excess amount to the taxpayer together with interest at the rate per annum established from time to time by the Commissioner pursuant to section 3108 of this title. That interest shall be computed from 45 days after the date the return was filed or from 45 days after the date the return was due, including any extensions of time thereto, with respect to which the excess payment was made, whichever is the later date.

(c) Notwithstanding subsection (b) of this section, in the case of a refund claimed on a return that is filed after the last date prescribed for filing such return, including any extensions of time thereto, or claimed on an amended return, the interest on the excess amount to be refunded by the Commissioner to the taxpayer shall be computed from 45 days after the date the late or amended return is filed.

(d) Notwithstanding subsection (a) of this section, a report required by subsection 5842(c) of this title may be amended after the due date of such report only for an administrative error. An administrative error is one that does not change the amount of tax withheld. (Added 1966, No. 61 (Sp. Sess.), § 1, eff. Jan. 1, 1966; amended 1971, No. 73, § 21, eff. April 16, 1971; 1979, No. 105 (Adj. Sess.), § 48, see change of interest rate note set out below; 1983, No. 59, § 4, eff. April 22, 1983; 2003, No. 68, § 81, eff. June 18, 2003; 2011, No. 45, § 3, eff. May 24, 2011; 2019, No. 175 (Adj. Sess.), § 15, eff. Oct. 8, 2020.)

Notes of Decisions

Cited in 8 cases, 1995–2016 · leading case: Stone v. Errecart, 675 A.2d 1322 (Vt. 1996).

Sort: Relevance Newest Treatment

Stone v. Errecart, 675 A.2d 1322 (Vt. 1996). · cites it 4× “The Commissioner of Taxes filed a, timely motion to dismiss, arguing that the superior court lacked jurisdiction because taxpayers had failed to first seek a refund from her as required by 32 V.S.A. § 5884. Taxpayers argued that it was futile to exhaust the administrative remedy…”

Vermont Soc'y of Ass'n Executives v. Milne, 779 A.2d 20 (Vt. 2001). · cites it 2× “§ 5887 requires that a taxpayer petition for a refund from the Commissioner pursuant to 32 V.S.A. § 5884 before going to superior court.”

GP Burlington South, LLC v. Dep't of Taxes, 2010 VT 23 (Vt. 2010). “” 32 V.S.A. § 5884(a). ¶ 12. According to taxpayer, under § 5884(a), its formal August 11, 2006 refund claim triggered commencement of the six-month period, which expired without the Commissioner holding a hearing or issuing the refund, two days after the Department rendered its…”

Citibank (South Dakota), N.A. v. Dept. of Taxes / Sears, Roebuck & Co. v. Dept. of Taxes, 2016 VT 69 (Vt. 2016). “If the amount of bad debt exceeds the amount of taxable sales for the period during which the bad debt is written off, the claimant may file a refund claim with the commissioner in accordance with 32 V.S.A. § 5884. The Commissioner noted that the meaning of both regulations was…”

Vermont Yankee Nuclear Power Corp. v. Dep't of Taxes, 2010 VT 24 (Vt. 2010). · cites it 8× “See 32 V.S.A. § 5884(a). In May 1995, a Department representative contacted the IRS and was told that the federal amended return was filed, but that no action had been taken.”

Hirsch v. Vermont Dep't of Taxes, 675 A.2d 1318 (Vt. 1995). · cites it 2× “80 under 32 V.S.A. § 5884. In 1990, the Hirsches again excluded their earned federal interest income from their federal taxable income when calculating their Vermont income tax.”

OTT Rutland, LLC v. Dep't of Taxes (Vt. Super. Ct. 2005). · cites it 2× “” In addition, it provides that “[t]he failure of the commissioner to refund the amount claimed by a taxpayer within six months .”

Citibank (South Dakota), N.A. v. Dep't of Taxes (Vt. Super. Ct. 2015). “If the amount of bad debt exceeds the amount of taxable sales for the period during which the bad debt is written off, the claimant may file a refund claim with the commissioner in accordance with 32 V.S.A. § 5884. . . . 2 . . . G. . . . If the claimant’s books and records…”

— Vt. Stat. Ann. tit. 32, § 5884(a) — 3 cases

Stone v. Errecart, 675 A.2d 1322 (Vt. 1996). “The Commissioner of Taxes filed a, timely motion to dismiss, arguing that the superior court lacked jurisdiction because taxpayers had failed to first seek a refund from her as required by 32 V.S.A. § 5884. Taxpayers argued that it was futile to exhaust the administrative remedy…”

Vermont Yankee Nuclear Power Corp. v. Dep't of Taxes, 2010 VT 24 (Vt. 2010). “See 32 V.S.A. § 5884(a). In May 1995, a Department representative contacted the IRS and was told that the federal amended return was filed, but that no action had been taken.”

— Vt. Stat. Ann. tit. 32, § 5884(b) — 2 cases

Hirsch v. Vermont Dep't of Taxes, 675 A.2d 1318 (Vt. 1995). “80 under 32 V.S.A. § 5884. In 1990, the Hirsches again excluded their earned federal interest income from their federal taxable income when calculating their Vermont income tax.”

— Vt. Stat. Ann. tit. 32, § 5884(c) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.