Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1082
Assessment
Tax (TAX) CHAPTER 60, ARTICLE 27
§ 1082. Assessment.---(a) Assessment date.--- (1) The amount of tax
which a return shows to be due, or the amount of tax which a return
would have shown to be due but for a mathematical or clerical error,
shall be deemed to be assessed on the date of filing of the return
(including any amended return showing an increase of tax). If a notice
of deficiency has been mailed, the amount of the deficiency shall be
deemed to be assessed on the date specified in subsection (b) of section
one thousand eighty-one if no petition to the division of tax appeals is
filed, or if a petition is filed, then upon the date when a
determination or decision rendered in the division of tax appeals
establishing the amount of the deficiency becomes final.

(2) If a report or an amended return filed pursuant to subdivision
three of section two hundred eleven or section two hundred nineteen-bb
or two hundred nineteen-zz concedes the accuracy of a federal change or
correction or renegotiation, or computation or recomputation of tax, any
deficiency in tax under article nine-a, nine-b or nine-c resulting
therefrom shall be deemed to be assessed on the date of filing such
report or amended return, and such assessment shall be timely
notwithstanding section one thousand eighty-three. If a notice of
additional tax due, as prescribed in subsection (e) of section one
thousand eighty-one, has been mailed, the amount of the deficiency shall
be deemed to be assessed on the date specified in such subsection unless
within thirty days after the mailing of such notice a report of the
federal change or correction or renegotiation or computation or
recomputation of tax, or an amended return, where such return was
required by subdivision three of section two hundred eleven or by
section two hundred nineteen-bb or by section two hundred nineteen-zz,
is filed accompanied by a statement showing wherein such federal
determination and such notice of additional tax due are erroneous.

(3) If the taxpayer files the report required under paragraph (2) of
subdivision (e) of section fifteen hundred fifteen of this chapter
within the time prescribed by such paragraph, in respect of a final
determination of a refund or credit of retaliatory taxes or other
charges, the amount of the refund or credit of such taxes or charges
paid for which the taxpayer has been allowed a credit pursuant to
subdivision (c) of section fifteen hundred eleven of this chapter and in
respect to which the taxpayer filed such report shall be deemed assessed
on the date of filing such report; if the taxpayer fails to file such a
required report within the time prescribed, such amount shall be deemed
assessed on the last date prescribed for filing of such report; either
such assessment shall be timely notwithstanding section one thousand
eighty-three.

(4) Any amount paid as a tax or in respect of a tax, other than
amounts paid as estimated tax, shall be deemed to be assessed upon the
date of receipt of payment, notwithstanding any other provisions.

(b) Other assessment powers.---If the mode or time for the assessment
of any tax under article nine, nine-a, nine-b or nine-c (including
interest, additions to tax and assessable penalties) is not otherwise
provided for, the tax commission may establish the same by regulations.

(c) Estimated tax.---No unpaid amount of estimated tax under article
nine-a, nine-b or nine-c shall be assessed.

(d) Supplemental assessment.--- The tax commission may, at any time
within the period prescribed for assessment, make a supplemental
assessment, subject to the provisions of section one thousand eighty-one
where applicable, whenever it is ascertained that any assessment is
imperfect or incomplete in any material respect.

(e) Cross reference.--- For assessment in case of jeopardy, see
section one thousand ninety-four.