§238-7  Audits; additional assessments;
refunds.  (a)  Sections 237-36 to 237-40 of the general excise tax law are
hereby made applicable to the taxes imposed by this chapter, to the refunding
of overpayments thereof, and to assessments, investigations, and audits in
connection therewith, for which purpose any references therein to "gross
income" or "gross proceeds of sale" shall be deemed to refer to
the purchase price or value, as the case may be, subject to tax under this
chapter, and any references to the "annual return" shall, if the
taxpayer is not required to file an annual return under this chapter, be deemed
to refer to the monthly return mentioned in the first paragraph of section
238-5.



(b)  Where the assessment of the tax imposed by
this chapter has been made within the period of limitation applicable thereto,
the tax may be collected by levy or by a proceeding in court under chapter 231;
provided that the levy is made or the proceeding was begun within fifteen years
after the assessment of the tax.  For any tax that has been assessed prior to
July 1, 2009, the levy or proceeding shall be barred after June 30, 2024.



Notwithstanding any other
provision to the contrary in this section, the limitation on collection after
assessment in this section shall be suspended for the period:



(1)  The taxpayer agrees to
suspend the period;



(2)  The assets of the taxpayer
are in control or custody of a court in any proceeding before any court of the
United States or any state, and for six months thereafter;



(3)  An offer in compromise
under section 231-3(10) is pending; and



(4)  During which the taxpayer
is outside the State if the period of absence is for a continuous period of at
least six months; provided that if at the time of the taxpayer's return to the State
the period of limitations on collection after assessment would expire before
the expiration of six months from the date of the taxpayer's return, the period
shall not expire before the expiration of the six months. [L 1965, c 155, pt of
§2; Supp, §119-7; HRS §238-7; am L 2009, c 166, §9]



 



Note



 



Applicability of 2009 amendment. L 2009, c 166, §27.