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§ 13-402. Tax assessment when return not filed

West's Annotated Code of MarylandTax-GeneralEffective: March 14, 2021

West's Annotated Code of Maryland
Tax-General (Refs & Annos)
Title 13. Procedure (Refs & Annos)
Subtitle 4. Assessments (Refs & Annos)
Effective: March 14, 2021
MD Code, Tax - General, § 13-402
§ 13-402. Tax assessment when return not filed
In general
(a) If a notice and demand for a return is made under § 13-303 of this title and the person or governmental unit fails to file the return, the tax collector shall:
(1) except as otherwise provided in this section:
(i) compute the tax by using the best information in the possession of the tax collector; and
(ii) assess the tax due;
(2) for financial institution franchise tax:
(i) estimate net earnings by using the best information in the possession of the tax collector; and
(ii) assess a tax not exceeding twice the tax due on the estimated net earnings;
(3) for income tax:
(i) estimate income by using the best information in the possession of the tax collector; and
(ii) assess a tax not exceeding twice the tax due on the estimated income;
(4) for motor carrier tax:
(i) compute the tax by using a miles per gallon factor based on the use, in the State, of 40 gallons of motor fuel for each commercial motor vehicle in the person's fleet on each day during the period for which the return is not filed; and
(ii) assess the tax due;
(5) for public service company franchise tax:
(i) estimate gross receipts from the best information in the possession of the tax collector; and
(ii) assess the tax due on the estimated gross receipts; and
(6) for digital advertising gross revenues tax:
(i) estimate gross revenues from the best information in possession of the tax collector; and
(ii) assess the tax due on the estimated assessable base.
Credit for previous overpayment
(b) A credit shall be allowed against any sales and use tax that would otherwise be assessed under this section for any amount of sales and use tax that the tax collector determines the person who failed to file the return overpaid on or before the date the amount assessed was due.

Credits

Added by Acts 1988, c. 2, § 1, eff. Jan. 1, 1989. Amended by Acts 1988, c. 569, § 1; Acts 1989, c. 783; Acts 2021, c. 37, § 2, eff. March 14, 2021.
MD Code, Tax - General, § 13-402, MD TAX GENERAL § 13-402
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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