Section 476. Refunds; sales of stamps  


Latest version.
  • Whenever any cigarettes upon which
      stamps have been placed or tobacco products upon which the tax has  been
      paid have been sold and shipped into another state for sale or use there
      or  have become unfit for use and consumption or unsalable, or have been
      destroyed, or whenever the commissioner of taxation  and  finance  shall
      have  determined  that  any  tax imposed by this article shall have been
      paid in error, the agent, dealer or tobacco products distributor, as the
      case may be, shall be entitled to a refund of the actual amount  of  tax
      so paid, provided application therefor is filed with the commissioner of
      taxation  and  finance within two years after the stamps were affixed to
      such cigarettes or the tax was paid upon such tobacco  products,  except
      if   an   agreement   under  the  provisions  of  section  four  hundred
      seventy-eight (extending the period for determination of tax imposed  by
      this  article)  is  made within the two-year period for the filing of an
      application for refund provided for in  this  section,  the  period  for
      filing  an  application  for refund shall not expire prior to six months
      after the expiration of the period within which a determination  may  be
      made  pursuant  to  the  agreement  or  any  extension  thereof.  If the
      commissioner of taxation and finance is satisfied  that  any  dealer  is
      entitled  to a refund he shall issue to such dealer stamps of sufficient
      value to cover the refund of the tax on cigarettes or  may,  subject  to
      audit  by  the comptroller, make a refund of the tax on cigarettes or on
      tobacco products. No person shall sell or offer for sale  any  stamp  or
      stamps  issued  under  this  article except by written permission of the
      commissioner of taxation and finance. The commissioner of  taxation  and
      finance  may  redeem unused stamps lawfully in possession of any person.
      The commissioner of taxation and finance may prescribe  necessary  rules
      and  regulations  concerning  refunds,  sales of stamps, and redemptions
      under the provisions of this article.