Title 48, Chapter 2, Section 49
( 48-2-49)
(a) Except as otherwise provided in this Code section or this title,
the amount of any tax imposed by this title may be assessed at any
time. (b) Except as otherwise provided by subsection (c) of this Code
section or by this title, in the case where a return or report is
filed, the amount of any tax imposed by this title shall be assessed
within three years after the return or report was filed. For
purposes of this subsection, a return or report filed before the
last day prescribed by law for the filing thereof shall be
considered as filed on such last day. If an extension of time for
filing a return or report is granted and the return or report is
filed on or before the extended date, the return or report shall be
considered as filed on the extended due date. (c) Except as otherwise provided by this title, in the case of a
false or fraudulent return or report filed with the intent to evade
tax or a failure to file a return or report, the amount of any tax
imposed by this title may be assessed at any time. (d) Where, before the expiration of the time prescribed in this Code
section for the assessment of any tax imposed by this title, both
the commissioner and the person subject to assessment have consented
in writing to its assessment after such time, the tax may be
assessed at any time prior to the expiration of the agreed upon
period. The period so agreed upon may be extended by subsequent
agreements in writing made before the expiration of the previously
agreed upon period. The commissioner is authorized in any such
agreement to extend similarly the period within which a claim for
refund may be filed. (e) If a claim for refund of taxes paid for any taxable period is
filed within the last six months of the period during which the
commissioner may assess the amount of taxes, the assessment period
is extended for a period of six months beginning on the day the
claim for refund is filed. (f) No action without assessment shall be brought for the collection
of any tax after the expiration of the period for assessment. |