Questão jurídica principal
Whether the 2006 state tax could be charged default interest despite the taxpayers' claimed withholding-tax refund set-off.
Decisão extraída
Yes. State tax became due on 31 July 2006 and remained interest-bearing until the withholding-tax refund claim became due and could actually be set off on 25 February 2008.
Fundamentação extraída
Set-off requires both claims to be due. The state tax fell due long before the refund claim was payable, so the tax authority correctly charged default interest for the intervening period.