1. (a) Except as otherwise expressly provided, a person may request a refund or a credit or the comptroller may make a refund or issue a credit for the overpayment of a tax imposed by this title at any time before the expiration of the period during which the comptroller may assess a deficiency for the tax and not thereafter unless the refund or credit is requested:

   1. (1) under Subchapter B of Chapter 112 and the refund is made or the credit is issued under a court order;
   2. (2) under the provision of Section 111.104(c)(3) applicable to a refund claim filed after a jeopardy or deficiency determination becomes final; or
   3. (3) under Chapter 162, except Section 162.126(f), 162.128(d), 162.228(f), or 162.230(d).
2. (b) A person may not refile a refund claim for the same transaction or item, tax type, period, and ground or reason that was previously denied by the comptroller.

Acts 1981, 67th Leg., p. 1508, ch. 389, Sec. 1, eff. Jan. 1, 1982.

Amended by Acts 1989, 71st Leg., ch. 232, Sec. 2, eff. Sept. 1, 1989;

Acts 1993, 73rd Leg., ch. 587, Sec. 8, eff. Sept. 1, 1993;

Acts 1997, 75th Leg., ch. 1040, Sec. 7, eff. Oct. 1, 1997;

Acts 1999, 76th Leg., ch. 1467, Sec. 2.14, eff. Oct. 1, 1999;

Acts 2003, 78th Leg., ch. 1310, Sec. 89, eff. June 20, 2003.

Acts 2009, 81st Leg., R.S., Ch. 1227 (S.B. 1495), Sec. 5, eff. September 1, 2009.