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04-18 Amend Municipal Net Profit Taxes 128.22 - 128.2215
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04-18 Amend Municipal Net Profit Taxes 128.22 - 128.2215
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affects the taxpayer's tax liability under those sections, the taxpayer shall file an <br />amended return with the tax commissioner in such form as the commissioner <br />requires. The amended return shall be filed not later than sixty days after the <br />adjustment is agreed upon or finally determined for federal income tax purposes <br />or after any federal income tax deficiency or refund, or the abatement or credit <br />resulting therefrom, has been assessed or paid, whichever occurs first. If a <br />taxpayer intends to file an amended consolidated municipal income tax return, <br />or to amend its type of return from a separate return to a consolidated return, <br />based on the taxpayer's consolidated federal income tax return, the taxpayer <br />shall notify the commissioner before filing the amended return. <br />(b) In the case of an underpayment, the amended return shall be accompanied by <br />payment of any combined additional tax due together with any penalty and <br />interest thereon. An amended return required by this section is a return subject to <br />assessment under section 128.2210 of the Codified Ordinances for the purpose <br />of assessing any additional tax due under this section, together with any <br />applicable penalty and interest. The amended return shall not reopen those facts, <br />figures, computations, or attachments from a previously filed return no longer <br />subject to assessment that are not affected, either directly or indirectly, by the <br />adjustment to the taxpayer's federal tax return. <br />(c) In the case of an overpayment, an application for refund may be filed under <br />this subsection within the sixty -day period prescribed for filing the amended <br />return, even if that period extends beyond the period prescribed in section <br />128.2211 of the Codified Ordinances, if the application otherwise conforms to <br />the requirements of that section. An application filed under this subsection shall <br />claim refund of overpayments resulting from alterations to only those facts, <br />figures, computations, or attachments required in the taxpayer's annual return <br />that are affected, either directly or indirectly, by the adjustment to the taxpayer's <br />federal income tax return unless it is also filed within the time prescribed it, <br />section 128.2211 of the Codified Ordinances. The application shall not reopen <br />those facts, figures, computations, or attachments that are not affected, either <br />directly or indirectly, by the adjustment to the taxpayer's federal income tax <br />return. <br />128.2213 EXAMINATION OF RECORDS AND OTHER DOCUMENTS <br />AND PERSONS. <br />(a) The tax commissioner, or any authorized agent or employee thereof, may <br />examine the books, papers, records, and federal and state income tax returns of <br />any taxpayer or other person that is subject to sections 128.22 to 128.2215 of the <br />Codified Ordinances for the purpose of verifying the accuracy of any return <br />made or, if no return was filed, to ascertain the tax due as required under those <br />sections. Upon written request by the commissioner or a duly authorized agent <br />or employee thereof, every taxpayer or other person subject to this section is <br />required to famish the opportunity for the commissioner, authorized agent, or <br />employee to investigate and examine such books, papers, records, and federal <br />and state income tax returns at a reasonable time and place designated in the <br />request. <br />(b) The records and other documents of any taxpayer or other person that is <br />subject to sections 128.22 to 128.2215 of the Codified Ordinances shall be open <br />to the tax commissioner's inspection during business hours and shall be <br />preserved for a period of six years following the end of the taxable year to which <br />the records or documents relate, unless the commissioner, in writing, consents to <br />
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