§247-6.5  Limitation period for assessment,
levy, collection, or credit.  The amount of conveyance taxes imposed
by this chapter shall be assessed or levied, and the overpayment, if any, shall
be credited within three years after filing of the certificate prescribed by
section 247-6.  No proceeding in court without assessment for the collection of
the taxes shall be begun after the expiration of the three-year period.  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.



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



 



Note



 



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