§ 74. Limitations on Assessment. 1. General.--Except as otherwise\nprovided in this section, any tax under the named parts shall be\nassessed within three years after the return was filed (whether or not\nsuch return was filed on or after the date prescribed).\n 2. Time return deemed filed.--For purposes of this section, a return\nof tax filed before the last day prescribed by law or by regulations\npromulgated pursuant to law for the filing thereof shall be deemed to be\nfiled on such last day.\n 3. Exceptions.--\n (a) Assessment at any time.--The tax may be assessed at any time if--\n (1) no return is filed,\n (2) a false or fraudulent return is filed with intent to evade tax,\n (3) in the case of the tax imposed under part two or part three of\nthis title, the taxpayer fails to file a report or amended return\nrequired thereunder, in respect of an increase or decrease in federal\ntaxable income or federal tax, or in respect of a change or correction\nor renegotiation or in respect of the execution of a notice of waiver\nreport of which is required thereunder, or computation or recomputation\nof tax, which is treated in the same manner as if it were a deficiency\nfor federal income tax purposes; or\n (4) in the case of the tax imposed under part two of this title, the\ntaxpayer fails to file a report or amended return or report required\nthereunder, in respect of a change or correction of sales and\ncompensating use tax liability, relating to the purchase or use of items\nfor which a sales or compensating use tax credit against the tax imposed\nby part two was claimed.\n (b) Extension by agreement.--Where, before the expiration of the time\nprescribed in this section for the assessment of tax, both the director\nof finance and the taxpayer have consented in writing to its assessment\nafter such time, the tax may be assessed at any time prior to the\nexpiration of the period agreed upon. The period so agreed upon may be\nextended by subsequent agreements in writing made before the expiration\nof the period previously agreed upon.\n (c) Report of changed or corrected federal income. In the case of the\ntax imposed under part two or part three of this title, if the taxpayer\nfiles a report or amended return required thereunder, in respect of an\nincrease or decrease in federal taxable income or federal tax, or in\nrespect of a change or correction or renegotiation, or in respect of the\nexecution of a notice of waiver report of which is required thereunder,\nor computation or recomputation of tax, which is treated in the same\nmanner as if it were a deficiency for federal income tax purposes, the\nassessment (if not deemed to have been made upon the filing of the\nreport or amended return) may be made at any time within two years after\nsuch report or amended return was filed. The amount of such assessment\nof tax shall not exceed the amount of the increase in city tax\nattributable to such federal change or correction or renegotiation, or\ncomputation or recomputation of tax. The provisions of this paragraph\nshall not affect the time within which or the amount for which an\nassessment may otherwise be made.\n (d) Deficiency attributable to net operating loss carryback.--If a\ndeficiency of tax under part two of this title is attributable to the\napplication to taxpayer of a net operating loss carryback, it may be\nassessed at any time that a deficiency for the taxable year of the loss\nmay be assessed.\n (e) Recovery of erroneous refund.--An erroneous refund shall be\nconsidered an underpayment of tax on the date made, and an assessment of\na deficiency arising out of erroneous refund may be made at any time\nwithin two years from the making of the refund, except that the\nassessment may be made within five years from the making of the refund\nif it appears that any part of the refund was induced by fraud or\nmisrepresentation of a material fact.\n (f) Request for prompt assessment.--The tax shall be assessed with
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