Sec. 4-2-820. Statute of limitations.
Unless the limitation period has been extended as provided in this Section, the statute of limitations for provisions contained herein shall be as follows:
(1) Refunds.
(a) Any claim for refund for disputed tax shall be submitted to the Town Manager or Finance Director on or before sixty (60) days from the date of such purchase.
(b) Any claim for refund resulting from a notice of overpayment shall be submitted to the Town Manager or Finance Director on or before thirty (30) days after the date of such notice of overpayment.
(c) Any other claim for refund shall be filed on or before three (3) years after the date such overpayment was paid to the Town.
(2) Assessments. No notice of assessment shall be issued more than three (3) years after the due date of such tax due.
(3) Liens. No notice of lien shall be issued more than three (3) years after the due date of the tax due. If the limitation period is extended, a notice of lien may be filed on or before thirty (30) days from the date of the notice of assessment issued for each extended period.
(4) Returns.
(a) When a taxpayer fails or refuses to file a return, the tax due may be assessed and collected at any time.
(b) In the case of a false or fraudulent return filed with intent to evade tax, the tax due may be assessed, or proceedings for the collection of such tax due may begin at any time.
(5) Protests. No protest of a notice of assessment or denial of a claim for refund shall be valid if submitted to the Finance Director or the Town Manager in other than written form or after the period allowed in this Chapter.
(6) The period of limitation may be extended before its expiration.
(a) The taxpayer and Town Manager may agree in writing to extend the period.
(b) If the Town provides written notice to the taxpayer prior to the expiration of the period of limitation that the latter’s records will be audited pursuant to this Chapter, such period of limitation shall be extended for the audit period until thirty (30) days after the date of the notice of assessment or notice of overpayment issued as a result of such audit. Audit period means the thirty-six-month reporting period preceding the date of the notice of audit.
(7) Performance of an audit does not constitute a waiver or exemption from the statute of limitations or preclude additional audits of the same period within the parameters of this Section. (Ord. 1263, 2007)