Montana § 15-72-115 Limitations

Montana Statutes

§ 15-72-115 — Limitations

Montana·Title 15 TAXATION·Ch. 72 ELECTRICAL GENERATION TAX AND INVASIVE SPECIES FEE·Part 1 Electrical Generation Tax Reform Act

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-yea

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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.

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