15-72-115. Limitations. (1) Except in the case of a person who purposely or knowingly, as those terms are defined in 45-2-101, files a false or fraudulent return violating the provisions of this part, a deficiency may not be assessed or collected with respect to a month or quarter for which a return is filed unless the notice of additional tax proposed to be assessed is mailed to or personally served upon the taxpayer within 5 years from the date on which the return was filed. For purposes of this section, a return filed before the last day prescribed for filing is considered to be filed on the last day.
(2) If, before the expiration of the 5-year period prescribed in subsection (1) for assessment of the tax, the taxpayer consents in writing to an assessment after expiration of the 5-year period, a deficiency may be assessed at any time prior to the expiration of the period consented to.
History: En. Sec. 12, Ch. 556, L. 1999.
Structure Montana Code Annotated
Chapter 72. Electrical Generation Tax and Invasive Species Fee
Part 1. Electrical Generation Tax Reform Act
15-72-102. Legislative findings and declaration of purpose
15-72-104. Wholesale energy transaction tax -- rate of tax -- exemptions -- cost recovery
15-72-105. Multistate exemption
15-72-106. Collection of wholesale energy transaction tax -- disposition of revenue
15-72-107. through 15-72-109 reserved
15-72-110. Returns -- payment -- authority of department
15-72-111. Examination of return -- adjustments -- delivery of notices and demands
15-72-112. Penalties and interest for violation
15-72-113. Authority to collect delinquent taxes
15-72-114. Penalty and interest on deficiency