| (iv) items for which additional information requested
by the comptroller was not received within 30 calendar days, as required
by this subsection.
(5) Tax Code, §151.3186 does not provide for a
refund of interest and therefore no interest will be paid on refunds
requested under this section.
(6) Multiple refunds on the same items are not allowed.
Requestors may not seek a refund or credit under another provision
of Tax Code, Chapter 151 for any item on which sales or use tax was
paid and for which a refund was requested under this section unless
the refund request under this section for the specific item was denied
in full.
(e) Requests for refund filed by the applicable refund
request date.
(1) The maximum amount each requestor can be refunded
under this section is equal to:
(A) the cumulative amount of state sales and use tax
paid by the requestor on qualifying property during the calendar year
immediately preceding the refund request date, if the total amount
of eligible state sales and use tax refund requests by all requestors
for which a refund is approved under this section is equal to or less
than $50 million for the calendar year; or
(B) a pro-rated amount of the state sales and use tax
paid by the requestor on qualifying property during the calendar year
immediately preceding the refund request date, if the total amount
of eligible sales and use tax refund requests by all requestors received
by the refund request date for which a refund is approved under this
section exceeds $50 million for the calendar year.
(2) By no later than December 31, 2014, for the refund
request date of September 2, 2014, or thereafter by August 31 for
the refund request date of March 31:
(A) the comptroller will issue a warrant to each requestor
whose refund claim is approved in whole or in part. The warrant will
be equal to:
(i) the total refund amount approved for the requestor,
if the total amount of eligible requests for refund is less than or
equal to $50 million; or
(ii) if the total amount of eligible requests for refund
is greater than $50 million, a pro-rated amount of the $50 million
calculated by dividing each requestor's approved refund amount by
the total amount of eligible requests for refund; and
(B) if the refund request is denied in full or in part,
the comptroller will issue a notice advising the requestor:
(i) that the refund request was denied, in whole or
in part; and
(ii) of the requirements of subsection (d)(3) of this
section that were not met.
(3) The comptroller will not issue an initial refund
to a requestor whose refund request is denied in full.
(4) Requestors whose refund requests are denied, in
full or in part, may request a refund hearing within 30 days of notice
from the comptroller as set out in §3.325(e) of this title (relating
to Refunds and Payments Under Protest).
(5) Final refund payments will be issued to all eligible
requestors once all refund hearings or judicial proceedings related
to the same refund request date filed in accordance with Tax Code,
Chapter 112, if any, are final.
(A) If the total of all approved refunds is less than
or equal to $50 million, each requestor will be issued a final refund
payment equal to the requestor's final approved refund amount, less
any initial refund payment issued.
(B) If the total of all approved refunds is greater
than $50 million, the pro rata distribution formula will be recalculated
to determine the total amount of refund due to each requestor for
their approved claim as a percentage of all approved claims. Final
payments will be issued based on the final pro rata distribution formula
less any initial refund payment issued.
(C) In no case shall the total amount of refund issued
to a requestor exceed the requested amount in the requestor's refund
request.
(6) A refund request filed by the applicable refund
request date cannot be amended after the applicable refund request
date. If a requestor submits additional items after the applicable
refund request date, the additional items will be considered a separate
refund request and will be processed according to subsection (f) of
this section.
(f) Requests for refund filed after the applicable
refund request date.
(1) If the total amount of eligible requests for the
applicable refund period received by the applicable refund request
date is less than $50 million, the comptroller will issue a warrant
to each late-filed requestor whose refund claim is approved in full
or in part, on a first-come-first-served basis. Requestors whose refund
requests are denied, in full or in part, under this paragraph may
request a hearing under subsection (e)(4) of this section.
(2) If the total amount of eligible requests for the
applicable refund period received by the applicable refund request
date is greater than $50 million, the late-filed request for refund
will be denied for lack of funds. Any denial under this paragraph
is not eligible for a hearing under subsection (e)(4) of this section.
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