§ 62 — Assessment

§ 62. Assessment.--(a) Assessment date.--The amount of tax which a\nreturn shows to be due, or the amount of tax which a return would have\nshown to be due but for a mathematical error, shall be deemed to be\nassessed on the date of filing of the return (including any amended\nreturn showing an increase of tax). In the case of a return properly\nfiled without computation of tax, the tax computed by the administrator\nshall be deemed to be assessed on the date on which payment is due. If a\nnotice of deficiency has been mailed, the amount of the deficiency shall\nbe deemed to be assessed on the date specified in subdivision (b) of\nsection sixty-one if no petition to the administrator is filed, or if a\npetition is filed, then upon the date when a decision of the\nadministrator establishing the amount of the deficiency becomes final.\nIf an amended return or report filed pursuant to section thirty-nine\nconcedes the accuracy of a federal adjustment, change or correction, any\ndeficiency in tax under this local law resulting therefrom shall be\ndeemed to be assessed on the date of filing such report or amended\nreturn, and such assessment shall be timely notwithstanding section\nsixty-three. If a notice of additional tax due, as prescribed in\nsubdivision (e) of section sixty-one, has been mailed, the amount of the\ndeficiency shall be deemed to be assessed on the date specified in such\nsubdivision unless within thirty days after the mailing of such notice a\nreport of the federal change or correction or an amended return, where\nsuch return was required by section thirty-nine, is filed accompanied by\na statement showing wherein such federal determination and such notice\nof additional tax due are erroneous. Any amount paid as a tax or in\nrespect of a tax, other than amounts withheld at the source or paid as\nestimated income tax, shall be deemed to be assessed upon the date of\nreceipt of payment, notwithstanding any other provisions.\n (b) Other assessment powers.--If the mode or time for the assessment\nof any tax under this local law (including interest, additions to tax\nand assessable penalties) is not otherwise provided for, the\nadministrator may establish the same by regulations.\n (c) Estimated income tax.--No unpaid amount of estimated tax under\nsection thirty-six shall be assessed.\n (d) Supplemental assessment.--The administrator may, at any time\nwithin the period prescribed for assessment, make a supplemental\nassessment, subject to the provisions of section sixty-one where\napplicable, whenever it is ascertained that any assessment is imperfect\nor incomplete in any material respect.\n (e) Cross reference.--For assessment in case of jeopardy, see section\nseventy-four.\n