143A.100 Audit -- Additional assessment -- Determination of liability when
272 words·~1 min read·
/ky/143a-100A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
business discontinued -- Statute of limitations.
(1)As soon as practicable after each return is received, the department shall examine
and audit it. If the amount of tax computed by the department is greater than the
amount returned by the taxpayer, the excess shall be assessed by the department
within four
(4)years from the date the return was filed, except as provided in
subsection
(4)of this section and except that in the case of a failure to file a return
or of a fraudulent return the excess may be assessed at any time. A notice of such
assessment shall be mailed to the taxpayer. The time herein provided may be
extended by agreement between the taxpayer and the department.
(2)For the purpose of subsections
(1)and
(4)of this section, a return filed before the
last day prescribed by law for the filing thereof shall be considered as filed on such
last day.
(3)When a business is discontinued, a determination may be made at any time
thereafter within the periods specified in subsection
(1)of this section as to liability
arising out of that business, irrespective of whether the determination is issued prior
to the due date of the liability as otherwise specified in KRS 143A.080.
(4)Notwithstanding the four
(4)year time limitation of subsection
(1)of this section, in
the case of a return where the tax computed by the department is greater by twenty-
five percent (25%) or more than the amount returned by the taxpayer, the excess
shall be assessed by the department within six
(6)years from the date the return was
filed.