143.801 Limitations on credit or refund.

not filed within the ninety-day period therein specified, interest on any resulting refund or credit shall cease to accrue after such ninetieth day. The amount of such credit or refund shall not exceed the amount of the reduction in tax attributable to: (1) The issues on which such federal change or correction or the items amended on the taxpayer's amended federal income tax return are based, and (2) Any change in the amount of the taxpayer's federal income tax deduction under the provisions of subsection 1 of section 143.171 . No effect shall be given in the preceding sentence to any federal change or correction or to any item on an amended return unless it is timely under the applicable federal period of limitations. The time and amount provisions of this subsection shall be in lieu of any other provisions of this section. This subsection shall not affect the time within which or the amount for which a claim for credit or refund may be filed apart from this subsection. 5. If the claim for credit or refund relates to an overpayment of tax on account of the deductibility by the taxpayer of a debt as a debt which became worthless or a loss from worthlessness of a security or the effect that the deductibility of a debt or of a loss has on the application to the taxpayer of a carryover, the claim may be made, under regulations prescribed by the director of revenue within seven years from the date prescribed by law for filing the return for the year with respect to which the claim is made. 6. If the claim for credit or refund relates to an overpayment attributable to a net operating loss carryback or a capital loss carryback, in lieu of the three-year period of limitations prescribed in subsection 1 of this section, the period shall be that period which ends with the expiration of the fifteenth day of the fortieth month (or the thirty-ninth month, in the case of a corporation) following the end of the taxable year of the net operating loss or net capital loss which results in such carryback, or the period prescribed in subsection 3 of this section in respect of such taxable year, whichever expires later. In the case of such a claim, the amount of the credit or refund may exceed the portion of the tax paid within the period provided in subsections 2, 3 and 4 of this section, whichever is applicable, to the extent of the amount of the overpayment attributable to such carryback. 7. (1) No period of limitations provided in subsections 1 to 6 of this section shall apply if a taxpayer amends, or the federal Internal Revenue Service or its successor agency changes, the taxpayer's federal income tax return for the same tax period and: (a) Such amendment or change occurs after any period of limitations provided in subsections 1 to 6 of this section has expired; (b) Such amendment or change reveals that the taxpayer is eligible to claim a credit or refund of an overpayment of any tax imposed under this chapter; and nue Service or its successor agency changes, the taxpayer's federal income tax return for the same tax period and: (a) Such amendment or change occurs after any period of limitations provided in subsections 1 to 6 of this section has expired; (b) Such amendment or change reveals that the taxpayer is eligible to claim a credit or refund of an overpayment of any tax imposed under this chapter; and (c) A period of limitations provided in subsections 1 to 6 of this section prohibits the taxpayer from claiming such credit or refund. (2) If the taxpayer files a claim for such credit or refund, the claim shall be filed in the manner provided in this chapter and shall be filed within one year from the time the taxpayer amends or the federal Internal Revenue Service changes the taxpayer's federal income tax return. (L. 1972 S.B. 549, A.L. 2015 H.B. 517 & 754) (1989) Missouri's income tax scheme violates principles of intergovernmental tax immunity. Taxpayers who paid state income tax for federal military retirement benefits are entitled to a refund to the extent that such refund is permitted by this section. (Mo banc) Hackman v. Director of Revenue, 771 S.W.2d 77. (1989) Date taxes are due starts the running of the limitation period for a claim for refund, even though the return may have been received earlier by the Department of Revenue. Claim for refund was not barred by the three-year limitation period when tax was due April 15, 1986, but received by the Department of Revenue on April 4, 1986, and claim for refund was filed April 14, 1989. (Mo. banc) Hamacher v. Director of Revenue 779 S.W.2d 565.