59-14-410. Action for collection of tax -- Action for refund or credit of tax.
(1) Except as provided in Subsectionsthrough, the commission shall assess a tax under this chapter within three years after a taxpayer files a return. (2) (5) Except as provided in Subsectionsthrough, if the commission does not assess a tax under this chapter within the three-year period provided in Subsection, the commission may not commence a proceeding to collect the tax. (2) (5) (1)(a)
(2) The commission may assess a tax at any time if a taxpayer: files a false or fraudulent return with intent to evade; or does not file a return.
(3) The commission may extend the period to make an assessment or to commence a proceeding to collect the tax under this chapter if: the three-year period under Subsectionhas not expired; and (1) the commission and the taxpayer sign a written agreement: authorizing the extension; and providing for the length of the extension.
(4) If the commission delays an audit at the request of a taxpayer, the commission may make an assessment as provided in Subsectionif: (5) the taxpayer subsequently refuses to agree to an extension request by the commission; and the three-year period under Subsectionexpires before the commission completes the audit. (1)
(5) An assessment under Subsectionshall be: (4) for the time period for which the commission could not make an assessment because of the expiration of the three-year period; and in an amount equal to the difference between: the commission's estimate of the amount of tax the taxpayer would have been assessed for the time period described in Subsection; and (5)(a) the amount of tax the taxpayer actually paid for the time period described in Subsection. (5)(a)
(6) Except as provided in Subsection, the commission may not make a credit or refund unless the taxpayer files a claim with the commission within three years of the date of overpayment. (6)(b) The commission shall extend the period for a taxpayer to file a claim under Subsectionif: (6)(a) the three-year period under Subsectionhas not expired; and (6)(a) the commission and the taxpayer sign a written agreement: authorizing the extension; and providing for the length of the extension.