28 (1) Where a person has remitted to the Minister a greater amount of money for a period than was required by this Act to be remitted for that period, or a greater amount than was payable by the person, the Minister shall either refund the overpayment or, at the option of the Minister, apply the amount of the overpayment to liability of the person with respect to a previous or subsequent period, in which latter case the Minister shall notify the person of such action.  R.S.O. 1990, c. G.5, s. 28 (1); 1994, c. 18, s. 3 (9). Idem (2) Where an amount in respect of an overpayment is refunded or applied on other liability, interest at such rate as is prescribed by the regulations computed and compounded daily shall be paid or applied thereon, (a)  for the period commencing on the day the overpayment arose and ending with the day of refunding or application on other liability, in the case of an application for a refund made to the Minister before January 1, 2020; or (b)  for the period commencing on the day the application for a refund is made to the Minister and ending with the day of refunding or application on other liability, in the case of an application for a refund made to the Minister after December 31, 2019. 2019, c. 15, Sched. 14, s. 4. Same (2.1) Despite subsection (2), interest shall not be paid on a refund or applied on other liability if the amount of the interest is calculated to be less than $5. 2019, c. 15, Sched. 14, s. 4. Idem (3) Where by a decision of the Minister under section 13 or by a decision of the court it is finally determined that the tax payable under this Act by a person is less than the amount assessed by the assessment to which objection was made or from which the appeal was taken and the decision makes it appear that there has been an overpayment of tax, the interest payable under subsection (2) on the overpayment shall be computed at the rate prescribed by the regulations.  R.S.O. 1990, c. G.5, s. 28 (3). Limitation (4) Despite subsection (1), no refund or application of an overpayment of tax shall be made unless, within four years following the date when such overpayment was first made, an application for the refund thereof is made to the Minister and it is established within such four years to the satisfaction of the Minister that the amount a refund of which is sought was not payable under this Act.  R.S.O. 1990, c. G.5, s. 28 (4); 1998, c. 30, s. 54. Limitation, overpayments resulting from temporary reduction (4.1) Despite subsections (1) and (4), no refund or application of an overpayment of tax shall be made under this section if the overpayment resulted from the payment of a greater amount of tax on gasoline than the amount that is actually payable after applying the reduction set out in subsection 2 (1.1) unless, (a)  if the refund or application of an overpayment of tax is being sought by a collector or importer, the collector or importer makes an application in respect of the overpayment to the Minister on or before October 31, 2022 or any applicable later deadline prescribed by the Minister for the purposes of this clause, subject to subsection (4.3); or (b)  if the refund or application of an overpayment of tax is being sought by a retailer or wholesaler who is not a collector or an importer, the retailer or wholesaler, (i)  has made reasonable efforts to obtain the refund under section 28.1.1 from the person to whom the payment that resulted in the overpayment was made or has been required by the Minister under subsection 28.1.1 (7) to apply for the refund under this section, and (ii)  makes an application in respect of the overpayment to the Minister on or before December 15, 2022 or any applicable later deadline prescribed by the Minister for the purposes of this clause, subject to subsection (4.3). 2022, c. 13, Sched. 2, s. 2. Interest (4.2) Despite subsection (2), interest shall not be paid on a refund or applied on other liability in respect of an overpayment of tax described in subsection (4.1). 2022, c. 13, Sched. 2, s. 2. Extension (4.3) The Minister may permit an application to be made at a later date than the applicable deadline under clause (4.1) (a) or subclause (4.1) (b) (ii) if, in the Minister’s opinion, there are mitigating circumstances explaining why the application could not be made before the applicable deadline. 2022, c. 13, Sched. 2, s. 2. Exception (5) Where, as the result of an assessment or re-assessment or the final decision of a court in proceedings commenced under section 14, the person assessed or re-assessed or the appellant, as the case may be, has overpaid the tax payable under this Act, the amount of such overpayment shall be refunded or applied in accordance with subsection (1) and despite the limitations contained in subsection (4).  R.S.O. 1990, c. G.5, s. 28 (5). Application to other liabilities (6) Instead of making a refund under this Act or the regulations, if any person is liable or is about to become liable to make a payment under this Act or under any other Act administered by the Minister that imposes a tax or is prescribed by the regulations, the Minister may apply the amount of the overpayment to the liability and, in that case, the Minister shall notify the person that the action has been taken.  1994, c. 18, s. 3 (20). Note: Subsection 28 (6), as enacted by the Statutes of Ontario, 1994, chapter 18, subsection 3 (20), applies to applications for refunds made after June 23, 1994, whether the right to the refund arose before or after June 23, 1994.  See:  1994, c. 18, s. 3 (27). Section Amendments with date in force (d/m/y) 1994, c. 18, s. 3 (9, 20) - 23/06/1994; 1994, c. 18, s. 3 (19) - 1/02/1995; 1998, c. 30, s. 54 - 18/12/1998 2019, c. 15, Sched. 14, s. 4 - 01/01/2020 2022, c. 13, Sched. 2, s. 2 - 14/04/2022