17.105.115 Limitation on Credit for or Refund of Overpayment and on Assessment of Additional Tax.

City Code Section

(Amended by Ordinance No. 188086, effective December 16, 2016.)

A.  Except as otherwise provided in this Code, any credit for erroneous overpayment of tax made by a Dealer, Seller or User taken on a subsequent return or any claim for refund of tax erroneously overpaid filed by a Dealer, Seller or User must be taken or filed within 3 years after the date on which the overpayment was made to the City.

B.  Except in the case of a fraudulent report or failure to make a report, every notice of additional tax proposed to be assessed under this Code shall be served on Dealers, Sellers and Users within 3 years from the date upon which such additional taxes become due or were paid, whichever is later, and shall be subject to penalty as provided in Section 17.105.095.

C.  In the case of the filing of a false or fraudulent report, a failure to file a required report, or willful refusal to remit the tax, an assessment may be made, or a proceeding for the collection of such assessment may be commenced, at any time.