State Codes and Statutes

Statutes > New-jersey > Title-54a > Section-54a-9 > 54a-9-3

54A:9-3.  Assessment.
      (a) Assessment date.    The amount of tax which a return shows to be due,  or the amount of tax which a return would have shown to be due but for a mathematical error, shall be deemed to be assessed on the date of filing of the  return (including any amended return showing an increase of tax). In the case  of a return properly filed without computation of tax, the tax computed by the  director shall be deemed to be assessed on the date on which payment is due.   If a notice of deficiency has been mailed, the amount of the deficiency shall  be deemed to be assessed on the date specified in subsection (b) of section  54A:9-2 if no petition to the director is filed, or if a petition is filed,  then upon the date when a decision of the director establishing the amount of  the deficiency becomes final.  If an amended return or report filed pursuant to  section 54A:8-7 concedes the accuracy of a Federal change or correction, any  deficiency in tax under this act resulting therefrom shall be deemed to be  assessed on the date of filing such report or amended return, and such  assessment shall be timely notwithstanding section 54A:9-4.  If a notice of  additional tax due, as prescribed in subsection (e) of section 54A:9-2 has been  mailed, the amount of the deficiency shall be deemed to be assessed on the date specified in such subsection unless within 30 days after the mailing of such notice a report of the Federal change or correction or an amended return, where  such return was required by section 54A:8-7 is filed accompanied by a statement  showing wherein such Federal determination and such notice of additional tax  due are erroneous.  Any amount paid as a tax or in respect of a tax, other than  amounts withheld at the source or paid as estimated income tax, shall be deemed  to be assessed upon the date of receipt of payment, notwithstanding any other  provisions.

      (b) Other assessment powers.    If the mode or time for the assessment of  any tax under this act (including interest, additions to tax and assessable  penalties) is not otherwise provided for, the director may establish the same  by regulations.

      (c) Estimated income tax.    No unpaid amount of estimated tax under section 54:8-5 shall be assessed.

      (d) Supplemental assessment.    The director may, at any time within the period prescribed for assessment, make a supplemental assessment, subject to the provisions of section 54A:9-2 where applicable, whenever it is ascertained that any assessment is imperfect or incomplete in any material respect.

     L.1976, c. 47, s. 54A:9-3, eff. July 8, 1976, operative Aug. 30, 1976.