105-241.9.  Procedure for proposing an assessment.

(a)        Authority. - The Secretary may propose an assessment against a taxpayer for tax due from the taxpayer. The Secretary must base a proposed assessment on the best information available. A proposed assessment of the Secretary is presumed to be correct.

(b)        Time Limit. - The Secretary must propose an assessment within the statute of limitations for proposed assessments unless the taxpayer waives the limitations period before it expires by agreeing in writing to extend the period. A taxpayer may waive the limitations period for either a definite or an indefinite time. If the taxpayer waives the limitations period, the Secretary may propose an assessment at any time within the time extended by the waiver.

(c)        Notice. - The Secretary must give a taxpayer written notice of a proposed assessment. The notice of a proposed assessment must contain the following information:

(1)        The basis for the proposed assessment. The statement of the basis for the proposed assessment does not limit the Department from changing the basis.

(2)        The amount of tax, interest, and penalties included in the proposed assessment. The amount for each of these must be stated separately.

(2a)      The date a failure to pay penalty will apply to the proposed assessment if the proposed assessment is not paid by that date and the amount of the penalty. If the proposed assessment is not paid by the specified date, the failure to pay penalty is considered to be assessed and applies to the proposed assessment without further notice.

(3)        The circumstances under which the proposed assessment will become final and collectible.  (2007-491, s. 1; 2010-95, s. 8(a); 2011-330, s. 34.)