Question juridique clé
Whether excess source tax withheld without a formal assessment decision must be refunded to the employer/debtor after the March deadline.
Solution extraite
Yes. In the absence of a formal decision under the source-tax rules, the excess amount remains recoverable and must be refunded; the March deadline bars challenges to tax liability in principle, but not correction of the amount withheld.
Motifs extraits
Source tax is based on self-assessment by the debtor, not on a decision with res judicata effect. Articles 138 LIFD and 211 LT are lex specialis for over- or under-withholding and permit correction even after the deadline, to preserve parity of arms and the general rule that unduly paid amounts must be returned.