59-14-410 - Action for collection of tax -- Action for refund or credit of tax.
59-14-410. Action for collection of tax -- Action for refund or credit of tax.
(1) (a) Except as provided in Subsections (2) through (5), the commission shall assess atax under this chapter within three years after a taxpayer files a return.
(b) Except as provided in Subsections (2) through (5), if the commission does not assessa tax under this chapter within the three-year period provided in Subsection (1)(a), thecommission may not commence a proceeding to collect the tax.
(2) The commission may assess a tax at any time if a taxpayer:
(a) files a false or fraudulent return with intent to evade; or
(b) does not file a return.
(3) The commission may extend the period to make an assessment or to commence aproceeding to collect the tax under this chapter if:
(a) the three-year period under Subsection (1) has not expired; and
(b) the commission and the taxpayer sign a written agreement:
(i) authorizing the extension; and
(ii) providing for the length of the extension.
(4) If the commission delays an audit at the request of a taxpayer, the commission maymake an assessment as provided in Subsection (5) if:
(a) the taxpayer subsequently refuses to agree to an extension request by the commission;and
(b) the three-year period under Subsection (1) expires before the commission completesthe audit.
(5) An assessment under Subsection (4) shall be:
(a) for the time period for which the commission could not make an assessment becauseof the expiration of the three-year period; and
(b) in an amount equal to the difference between:
(i) the commission's estimate of the amount of tax the taxpayer would have beenassessed for the time period described in Subsection (5)(a); and
(ii) the amount of tax the taxpayer actually paid for the time period described inSubsection (5)(a).
(6) (a) Except as provided in Subsection (6)(b), the commission may not make a credit orrefund unless the taxpayer files a claim with the commission within three years of the date ofoverpayment.
(b) The commission shall extend the period for a taxpayer to file a claim underSubsection (6)(a) if:
(i) the three-year period under Subsection (6)(a) has not expired; and
(ii) the commission and the taxpayer sign a written agreement:
(A) authorizing the extension; and
(B) providing for the length of the extension.
Enacted by Chapter 6, 2007 General Session