SECTION 240:10-5-32. Application of payments to delinquent tax indebtedness

(a)   When making payments on a delinquent account, an employer may designate a particular calendar quarter to which he or she wants the payment applied. This designation must be made in writing at the time the payment is made to the Commission.

(b)   If an employer designates a particular calendar quarter to which he or she wants the payment applied, the payment shall be applied to the indebtedness owing for the quarter in the following manner:

(1)   First, to the interest owing in the designated quarter until the interest amount is paid in full.

(2)   Second, to the penalties owing in the designated quarter until the penalty amount is paid in full.

(3)   Third, to the fees owing in the designated quarter until the fee amount is paid in full.

(4)   Fourth, to the tax owing in the designated quarter until the tax amount is paid in full.

(5)   Fifth, to the surtax owing in the designated quarter until the surtax amount is paid in full.

(6)   If there is any sum of money left over after the payment has been applied to the indebtedness owing for the designated quarter, the remainder of the money shall be applied as set out in subsection (c) of this section.

(c)   If an employer makes a payment on a delinquent account and does not designate a particular quarter to which he or she wants the payment to be applied, the payment will be applied in the following manner:

(1)   First, to the interest owing in the earliest delinquent quarter until the interest amount is paid in full.

(2)   Second, to the penalties owing in the earliest delinquent quarter until the penalty amount is paid in full.

(3)   Third, to the fees owing in the earliest delinquent quarter until the fee amount is paid in full.

(4)   Fourth, to the tax owing in the earliest delinquent quarter until the tax amount is paid in full.

(5)   Fifth, to the surtax owing in the earliest delinquent quarter until the surtax amount is paid in full.

(6)   After the payment has been applied in the manner described in paragraphs (1) through (5) of this subsection, any money left over shall be applied in the same manner to the delinquent quarter that is next in time, and this procedure shall be repeated until the payment is exhausted.

[Source: Added at 9 Ok Reg 1419, eff 4-27-92]