Title 15 . Revenue

Chapter 5 . (Repealed)

Section 300. Assessment and collection

15 AAC 05.300. Assessment and collection

(a) The amount of tax must be assessed within three years after the return is filed. The date of assessment is the date on which a written notice to the taxpayer is issued which specifies that this is a notice and demand for payment. The notice and demand for payment is issued to the taxpayer when it is personally delivered to him or mailed to his last known address. The period for assessment may be extended by the taxpayer's filing a written consent agreeing to a time extension at any time before the expiration of the assessment period.

(b) There is no time limit within which the department must assess a tax liability against a person who files a false or fraudulent return intending to evade paying the tax he owes, or against a person who fails to file a return.

(c) If a person fails to file a return or files a false or fraudulent return intending to evade payment of the tax he owes, the department will prepare a return for him and assess the tax due from any information available to the department. Preparation of the return by the department does not limit the time in which the department must assess the tax due.

(d) If the department does not collect a tax liability or begin distraint or court proceedings to collect it within six years after it is assessed, the department will never collect it. A taxpayer may, however, extend the time in which the department must collect his tax liability by filing a waiver of restrictions on assessment and collection of a deficiency of tax with the department.

History: Eff. 1/12/64, Register 12; am 6/2/82, Register 82

Authority: AS 43.05.245

AS 43.05.260

AS 43.20.160 (c)

AS 43.20.200