IC 6-8.1-9-1.5: Tax refunds; authority for the department to issue without a taxpayer filing a refund claim in certain circumstances

Sec. 1.5. (a) The department may issue a refund or credit without a taxpayer filing a refund claim in the event of:

(1) an error by the department;

(2) an error determined by the department; or

(3) a taxpayer's overpayment determined by the department under an audit or investigation.

(b) The department shall prescribe rules or guidelines to govern the circumstances under which the department may issue a refund or credit under this section.

(c) The department may not issue a refund or credit under this section if the period for filing a refund claim under this article has expired before the issuance of the refund or credit.

(d) Nothing in this section shall constitute a requirement that the department issue a refund or credit for an overpayment.