2007 Minnesota Statutes

297F.17 LIMITATIONS ON TIME FOR ASSESSMENT OF TAX.
    Subdivision 1. General rule. Except as otherwise provided in this chapter, the amount of
any tax due must be assessed within 3-1/2 years after a return is filed. The taxes are considered
assessed within the meaning of this section when the commissioner has prepared a notice of tax
assessment and mailed it to the person required to file a return to the post office address given in
the return. The notice of tax assessment must be sent by mail to the post office address given in
the return and the record of the mailing is presumptive evidence of the giving of such notice, and
such records must be preserved by the commissioner.
    Subd. 2. Date of filing. For purposes of this chapter, a return filed before the last day
prescribed by law for its filing is considered filed on the last day.
    Subd. 3. False or fraudulent return or claim for refund; no return. When a person
required to file a return under this chapter files a false or fraudulent return or claim for refund,
or fails to file a return, the tax may be assessed, and a proceeding in court for the collection of
such tax may be begun at any time.
    Subd. 4. Omission over 25 percent. If the person required to file the return omits from the
return a dollar amount properly includable in it that is in excess of 25 percent of the dollar amount
reported in the return, the tax may be assessed, or a proceeding in court for the collection of such
tax may be begun, at any time within 6-1/2 years after the return was filed.
    Subd. 5. Time limit for refunds. Unless otherwise provided in this chapter, a claim for a
refund of an overpayment of tax must be filed within 3-1/2 years from the date prescribed for
filing the return, plus any extension of time granted for filing the return, but only if filed within the
extended time, or one year after the date of assessment, whichever period expires later.
    Subd. 6. Time limit for bad debt refund. Claims for refund must be filed with the
commissioner during the one-year period beginning with the timely filing of the taxpayer's federal
income tax return containing the bad debt deduction that is being claimed. Claimants under this
subdivision are subject to the notice requirements of section 289A.38, subdivision 7.
    Subd. 7. Consent to extend time. If before the expiration of the time prescribed in this
section for the assessment of the tax, the commissioner and the person filing the return consent in
writing to an extension of time for the assessment of the tax, the tax may be assessed at any time
prior to the expiration of the period agreed upon. The period so agreed upon may be extended by
subsequent agreements in writing made before the expiration of the period previously agreed upon.
    Subd. 8. Suspension of time; bankruptcy proceedings. The time during which a tax
must be assessed or collection proceedings commenced under this chapter is suspended during
the period from the date of a filing of a petition in bankruptcy until 30 days after notice to
the commissioner that the bankruptcy proceedings have been closed or dismissed, or that the
automatic stay has been terminated or has expired.
The suspension of the statute of limitations under this subdivision applies to the person
against whom the petition in bankruptcy is filed, and to all other persons who may be wholly or
partially liable for the tax under this chapter.
History: 1997 c 106 art 1 s 17; 1999 c 243 art 7 s 10