The secretary shall determine the amount of any tax overpayment recoverable by a taxpayer. The secretary shall credit any recovery of overpaid taxes against the future taxes of the taxpayer, except:

1. (1) A taxpayer having no future tax obligations may receive a refund; or
2. (2) A taxpayer whose recovery credit is not used within one year may receive a refund equal to the amount of recovery credit unused at the end of the one-year period.

Source: SL 1986, ch 111 , § 22; SL 2009, ch 59 , § 1.