§238-7  Audits; additional assessments;refunds.  (a)  Sections 237-36 to 237-40 of the general excise tax law arehereby made applicable to the taxes imposed by this chapter, to the refundingof overpayments thereof, and to assessments, investigations, and audits inconnection therewith, for which purpose any references therein to "grossincome" or "gross proceeds of sale" shall be deemed to refer tothe purchase price or value, as the case may be, subject to tax under thischapter, and any references to the "annual return" shall, if thetaxpayer is not required to file an annual return under this chapter, be deemedto refer to the monthly return mentioned in the first paragraph of section238-5.

(b)  Where the assessment of the tax imposed bythis 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 yearsafter the assessment of the tax.  For any tax that has been assessed prior toJuly 1, 2009, the levy or proceeding shall be barred after June 30, 2024.

Notwithstanding any otherprovision to the contrary in this section, the limitation on collection afterassessment in this section shall be suspended for the period:

(1)  The taxpayer agrees tosuspend the period;

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

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

(4)  During which the taxpayeris outside the State if the period of absence is for a continuous period of atleast six months; provided that if at the time of the taxpayer's return to the Statethe period of limitations on collection after assessment would expire beforethe expiration of six months from the date of the taxpayer's return, the periodshall 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.