15-72-115. Limitations.
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15-72-115 . Limitations.
(1)Except in the case of a person who purposely or knowingly, as those terms are defined in 45-2-101 , files a false or fraudulent return violating the provisions of this part, a deficiency may not be assessed or collected with respect to a month or quarter for which a return is filed unless the notice of additional tax proposed to be assessed is mailed to or personally served upon the taxpayer within 5 years from the date on which the return was filed. For purposes of this section, a return filed before the last day prescribed for filing is considered to be filed on the last day.
(2)If, before the expiration of the 5-year period prescribed in subsection
(1)for assessment of the tax, the taxpayer consents in writing to an assessment after expiration of the 5-year period, a deficiency may be assessed at any time prior to the expiration of the period consented to.