Montana Code 15-64-104. Deficiency assessment — penalty and interest — statute of limitations
15-64-104. Deficiency assessment — penalty and interest — statute of limitations. (1) If the department determines that the amount of the tax due is greater than the amount disclosed by a return, it shall mail to the licensee a notice, pursuant to 15-1-211, of the additional tax proposed to be assessed. The notice must contain a statement that if payment is not made, a warrant for distraint may be filed. The licensee may seek review of the determination pursuant to 15-1-211.
Terms Used In Montana Code 15-64-104
- Department: means the department of revenue provided for in 2-15-1301. See Montana Code 15-64-101
- Licensee: means a licensee operating an adult-use dispensary or a medical marijuana dispensary. See Montana Code 15-64-101
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(2)Penalty and interest must be added to a deficiency assessment as provided in 15-1-216. The department may waive any penalty pursuant to 15-1-206.
(3)The amount of tax due under any return may be determined by the department within 5 years after the return was filed, regardless of whether the return was filed on or after the last day prescribed for filing. For purposes of this section, a return due under this part and filed before the last day prescribed by law or rule is considered to be filed on the last day prescribed for filing.