§431:7-204.6  Limitation period forassessment, levy, collection, or refund.  (a)  The amount of insurancetaxes imposed by this chapter shall be assessed or levied within three yearsafter the annual return was filed, or within three years of the due dateprescribed for the filing of the return, whichever is later, and no proceedingin court without assessment for the collection of any taxes shall be begunafter the expiration of the period.  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 theState the period of limitations on collection after assessment would expirebefore the expiration of six months from the date of the taxpayer's return, theperiod shall not expire before the expiration of the six months.

In the case of a false or fraudulent return withintent 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 theburden of proof with respect to the issues of falsity or fraud and intent toevade tax shall be upon the State.

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

(c)  Where, before the expiration of the periodprescribed in subsection (a) or (d), both the commissioner and the taxpayerhave consented in writing to the assessment or levy of the tax after the datefixed by subsection (a) or the credit or refund of the tax after the date fixedby subsection (d), the tax may be assessed or levied, or the overpayment, ifany, may be credited or refunded, at any time prior to the expiration of theperiod agreed upon.  The period so agreed upon may be extended by subsequentagreements in writing made before the expiration of the period previouslyagreed upon.

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

(1)  If an annual return is timely filed, or is filedwithin three years after the date prescribed for filing the annual return, thenthe credit or refund shall be claimed within three years after the date theannual 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 filedmore than three years after the date prescribed for filing the annual return, aclaim for credit or refund shall be filed within:

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

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

Paragraphs (1) and (2) are mutually exclusive.  Thelimitation shall not apply to a credit or refund pursuant to an appeal providedfor by section 431:7-204.5, or to a payment under protest as provided insection 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.