1998 Minnesota Statutes

     299F.22 Examination of tax return; assessment. 

    The commissioner of revenue shall, as soon as practicable 
 after a return required by section 299F.21 is filed, examine the 
 same and make any investigation or examination of the company's 
 records and accounts that the commissioner deems necessary for 
 determining the correctness of the return.  The tax computed by 
 the commissioner on the basis of the examination and 
 investigation is the tax to be paid by the company.  If the tax 
 found due is greater than the amount reported as due on the 
 company's return, the commissioner shall assess a tax in the 
 amount of the excess and the whole amount of the excess shall be 
 paid to the state treasurer within 60 days after notice of the 
 amount and demand for its payment is mailed to the company by 
 the commissioner.  If the understatement of the tax on the 
 return was false and fraudulent with intent to evade the tax, 
 the installments of the tax shown by the company on its return 
 which are not paid shall be paid to the commissioner of revenue 
 within 60 days after notice of the amount thereof and demand for 
 payment is mailed to the company by the commissioner.  If the 
 amount of the tax found due the commissioner is less than that 
 reported as due on the company's return, the excess shall be 
 refunded to the company in the manner provided by section 
 299F.26, except that no demand therefor is necessary, if they 
 have already paid the whole of the tax, or credited against any 
 unpaid installment thereof; provided, that no refundment shall 
 be made except as provided in section 299F.26, after the 
 expiration of 3-1/2 years after the filing of the return. 

    The commissioner, having examined returns of a company for 
 more than one year, may issue one order covering the several 
 years under consideration reflecting the aggregate refund or 
 additional tax due. 

    The notices and demands provided for by sections 299F.22 to 
 299F.24 shall be in the form the commissioner determines, 
 including a statement, and shall contain a brief explanation of 
 the computation of the tax and shall be sent by mail to the 
 company at the address given in its return, if any, and if no 
 such address is given, then to the last known address. 

    HIST: 1965 c 499 s 1; 1969 c 1129 art 10 s 2; 1981 c 106 s 7; 
 1984 c 592 s 84; 1986 c 444