§247-6.5  Limitation period for assessment,levy, collection, or credit.  The amount of conveyance taxes imposedby this chapter shall be assessed or levied, and the overpayment, if any, shallbe credited within three years after filing of the certificate prescribed bysection 247-6.  No proceeding in court without assessment for the collection ofthe taxes shall be begun after the expiration of the three-year period.  Wherethe assessment of the tax imposed by this chapter has been made within theperiod of limitation applicable thereto, the tax may be collected by levy or bya proceeding in court under chapter 231; provided that the levy is made or theproceeding was begun within fifteen years after the assessment of the tax.  Forany tax that has been assessed prior to July 1, 2009, the levy or proceedingshall 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.

In the case of a false or fraudulentcertificate filed with the intent to evade tax, or of a failure to file acertificate, the tax may be assessed or levied at any time. [L 1993, c 195, §1;am L 2009, c 166, §11]

 

Note

 

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