2006 Minnesota Statutes

289A.42 CONSENT TO EXTEND STATUTE.
    Subdivision 1. Extension agreement. If before the expiration of time prescribed in sections
270C.58, subdivision 3, 289A.38, and 289A.40 for the assessment of tax or the filing of a claim
for refund, both the commissioner and the taxpayer have consented in writing to the assessment or
filing of a claim for refund after that time, the tax may be assessed or the claim for refund filed at
any time before the expiration of the agreed upon period. The period may be extended by later
agreements in writing before the expiration of the period previously agreed upon. The taxpayer
and the commissioner may also agree to extend the period for collection of the tax.
    Subd. 2. Federal extensions. When a taxpayer consents to an extension of time for the
assessment of federal withholding or income taxes, the period in which the commissioner may
recompute the tax is also extended, notwithstanding any period of limitations to the contrary,
as follows:
(1) for the periods provided in section 289A.38, subdivisions 8 and 9;
(2) for six months following the expiration of the extended federal period of limitations
when no change is made by the federal authority. If no change is made by the federal authority,
and, but for this subdivision, the commissioner's time period to adjust the tax has expired, and if
the commissioner has completed a field audit of the taxpayer, no additional changes resulting in
additional tax due or a refund may be made. For purposes of this subdivision, "field audit" has the
meaning given it in section 289A.38, subdivision 9.
History: 1990 c 480 art 1 s 22; 1991 c 291 art 6 s 14; art 16 s 9; 1998 c 300 art 1 s 4;
2005 c 151 art 2 s 9; 2006 c 212 art 3 s 25