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2017 Maryland Code
Tax - General
Title 13 - Procedure
Subtitle 11 - Limitations
§ 13-1101. Time for assessment of financial institution franchise or income tax
Universal Citation: MD Tax-Gen Code § 13-1101 (2017)
- (a) 3-year limit. -- Except as otherwise provided in this section, an assessment of financial institution franchise tax, public service company franchise tax, income tax, or estate tax may not be made after 3 years from the later of:
- (1) the date that the return is filed; or
- (2) the date that the return is due.
- (b) No limit. -- An assessment of financial institution franchise tax, public service company franchise tax, income tax, or estate tax may be made at any time if:
- (1) a false return is filed with the intent to evade the tax;
- (2) a willful attempt is made to evade the tax;
- (3) a return is not filed as required under Title 7, Title 8, or Title 10 of this article;
- (4) an amended estate tax return is not filed as required under Title 7 of this article;
- (5) an incomplete return is filed; or
- (6) a report of federal adjustment is not filed within the period required under § 13-409 of this title.
- (c) 1-year limit. -- If a report of federal adjustment is filed within the time required under § 13-409 of this title, the tax collector shall assess the financial institution franchise tax, public service company franchise tax, income tax, or estate tax within 1 year after the date on which the tax collector receives the report.
- (d) Amended returns. --
- (1) Subject to the provisions of paragraph (2) of this subsection, an assessment of income tax or estate tax arising out of an amended return shall be made within 3 years after the date that the amended return is filed.
- (2) An assessment of income tax under paragraph (1) of this subsection shall be related to changes made by the amended items in the return.
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