Stockbridge-Munsee Tribal Law Library
Stockbridge-Munsee Tribal Code.

Section TAX.01.12 — Assessments And Noncompliance Penalties

(a) Failure To File Or Pay. If the Tax Commission determines that a Person failed to file a Return, failed to pay any Tax imposed by this Tax Ordinance, or filed a Return with the intent to avoid or evade Tax required to be paid, the Tax Commission may estimate the amount of Taxes due under this Tax Ordinance in accordance with the Tax Regulations.

(b) Consequences For Violation Of Tax Ordinance. Upon its finding that a Taxpayer has not complied with this Tax Ordinance, the Tax Commission is authorized to impose interest, penalties and costs, and to take such other actions described in the Tax Regulations.

(c) Assessment Powers. The Tax Commission is empowered to determine and assert against a Taxpayer liability for Tax, interest, penalties, or costs when Tax payments are deficient or not made.

(d) Examination Procedure. Upon completion of the examination of a Taxpayer, the Tax Commission shall provide the Taxpayer with a written statement of findings for any determination that alters a liability for Tax, interest, or penalties, and shall issue a notice of assessment (or refund) for any amounts due (or overpayment). If no such determination is made, the Tax Commission may issue a letter stating that there is no change for the assessment date or Period examined.

(e) Notice Requirements. A notice of assessment (or refund) requires the payment of the amount assessed (or remittance of the refund) by a time not less than thirty (30) days after the date of the notice. The Taxpayer must comply with (or accede to) the terms of the notice and, within the time allowed in the notice, may request a redetermination or may seek an informal conference under this Section.

(f) Refund And Abatement Powers. The Tax Commission is empowered to provide a refund upon an overpayment and an abatement upon the compromise of a liability in accordance with the terms of a Closing Agreement.