Section 11-1782. Assessment  


Latest version.
  • (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 tax commission
      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  subdivision  (b)  of
      section  11-1781  if no petition to the tax commission is filed, or if a
      petition is filed, then upon  the  date  when  a  decision  of  the  tax
      commission  establishing  the amount of the deficiency becomes final. If
      an amended return or report filed pursuant to section  11-1759  concedes
      the  accuracy  of  a federal change or correction, any deficiency in tax
      under this chapter 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  11-1783.  If  a  notice  of
      additional tax due, as prescribed in subdivision (e) of section 11-1781,
      has been mailed, the amount of the deficiency  shall  be  deemed  to  be
      assessed  on the date specified in such subdivision unless within thirty
      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 11-1759, 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 chapter (including interest,  additions  to  tax  and
      assessable  penalties) is not otherwise provided for, the tax commission
      may establish the same by regulations.
        (c) Estimated income tax. No unpaid amount of estimated tax  shall  be
      assessed.
        (d)  Supplemental  assessment.  The  tax  commission  may, at any time
      within  the  period  prescribed  for  assessment,  make  a  supplemental
      assessment,   subject   to  the  provisions  of  section  11-1781  where
      applicable, whenever it is ascertained that any assessment is  imperfect
      or incomplete in any material respect.
        (e)  Cross  reference. For assessment in case of jeopardy, see section
      11-1794.