2004 Minnesota Statutes

     278.08 Interest. 

    Subdivision 1.    Interest; penalty.  In the case of 
 real or personal property, the judgment must include the 
 following interest: 

    (1) if the tax is sustained in full, interest on the unpaid 
 part of the tax computed under section 279.03, subdivision 1, at 
 the rate provided in section 549.09; 

    (2) if the tax is increased, interest on the unpaid part of 
 the tax as originally assessed computed under section 279.03, 
 subdivision 1, at the rate provided in section 549.09; 

    (3) if the tax is reduced, interest on the difference 
 between the tax as recomputed and the amount previously paid 
 computed under section 279.03, subdivision 1, at the rate 
 provided in section 549.09.  

    If the tax is sustained or increased, penalty on the unpaid 
 part of the tax as originally assessed computed under section 
 279.01 must be included in the judgment.  

    Subd. 2.    Refund.  In the case of real or personal 
 property, if the petitioner has overpaid the tax determined or 
 stipulated to be due, the county auditor shall compute interest 
 on the overpayment from the date of the filing of the petition 
 for review or from the date of payment of the tax, whichever is 
 later, until the date of issuance of the refund warrant.  
 Interest shall be calculated on the overpayment under section 
 279.03, subdivision 1, at the rate provided in section 549.09 
 for the year the tax became or remained overpaid.  For the 
 purposes of computing interest due under this subdivision, an 
 overpayment occurs on the date when the cumulative total of the 
 payments made by the taxpayer for the payable year exceed the 
 final total tax amount determined for that payable year.  In 
 determining whether an overpayment has occurred, taxpayer 
 payments are allocated first to any penalty imposed due to late 
 payment of installments, then to the tax due. 

    HIST: (2126-8) 1935 c 300 s 8; 1980 c 443 s 4; 1982 c 523 art 
 39 s 1; 1986 c 473 s 8; 1989 c 324 s 26; 1993 c 375 art 3 s 36; 
 1994 c 416 art 1 s 34; 1996 c 471 art 3 s 25