A. No sales tax, interest or penalties shall be assessed, nor shall any notice of lien be filed, or distraint warrant issued, or suit for collection be instituted, nor any action to collect the same be commenced, more than three (3) years after the date on which the tax was or is payable. A lien shall not continue after such period, except on taxes assessed before the expiration of the period for which a notice of a tax lien has been filed prior to the expiration of such period.

B. In the case of a false or fraudulent return with intent to evade tax, the tax together with interest and penalties thereon may be assessed, or proceedings for the collection of such taxes may be begun, at any time without regard to the statute of limitations. Prior to the expiration of the period of limitation, the taxpayer and the finance director may agree in writing to an extension thereof, and the period so agreed on may be extended by subsequent agreements in writing.

C. When a taxpayer fails or refuses to file a return the sales tax may be assessed and collected without regard to the statute of limitations.

D. The period of limitation provided herein shall not run against the town for an audit period if written notice is given to the taxpayer prior to the expiration of the statute of limitations that the latter's records will be audited pursuant to this chapter. "Audit period" is the thirty-six (36) month reporting period preceding the date of the notice of audit. (Ord. 30, Series 2021)