§431:7-204.6  Limitation period for
assessment, levy, collection, or refund.  (a)  The amount of insurance
taxes imposed by this chapter shall be assessed or levied within three years
after the annual return was filed, or within three years of the due date
prescribed for the filing of the return, whichever is later, and no proceeding
in court without assessment for the collection of any taxes shall be begun
after the expiration of the 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 return with
intent to evade the insurance taxes, or of a failure to file the annual return,
the insurance taxes may be assessed or levied at any time; provided that the
burden of proof with respect to the issues of falsity or fraud and intent to
evade tax shall be upon the State.



(b)  In the case of a false or fraudulent
return with intent to evade tax, or of a failure to file the annual return, the
tax may be assessed or levied at any time.



(c)  Where, before the expiration of the period
prescribed in subsection (a) or (d), both the commissioner and the taxpayer
have consented in writing to the assessment or levy of the tax after the date
fixed by subsection (a) or the credit or refund of the tax after the date fixed
by subsection (d), the tax may be assessed or levied, or the overpayment, if
any, may be credited or refunded, at any time prior to the expiration of the
period agreed upon.  The period so agreed upon may be extended by subsequent
agreements in writing made before the expiration of the period previously
agreed upon.



(d)  No credit or refund shall be allowed for
any tax imposed by this chapter, unless a claim for such credit or refund shall
be filed as follows:



(1)  If an annual return is timely filed, or is filed
within three years after the date prescribed for filing the annual return, then
the credit or refund shall be claimed within three years after the date the
annual return was filed or the date prescribed for filing the annual return,
whichever is later.



(2)  If an annual return is not filed, or is filed
more than three years after the date prescribed for filing the annual return, a
claim for credit or refund shall be filed within:



(A)  Three years after payment of the tax; or



(B)  Three years after the date prescribed for
the filing of the annual return, whichever is later.



Paragraphs (1) and (2) are mutually exclusive.  The
limitation shall not apply to a credit or refund pursuant to an appeal provided
for by section 431:7-204.5, or to a payment under protest as provided in
section 40-35. [L 1992, c 236, §4; am L 2009, c 166, §14]



 



Note



 



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