Multiple Assessments of Credit Institutions for a Single Year

PURPOSE: This rule clarifies that the director of revenue may issue multiple assessments against a taxpayer for a given period on separate issues. (1) The director of revenue may issue multiple assessments against the taxpayer for a single taxable year pursuant to section 148.190, RSMo when the director determines, based on separate findings, that the correct amount of the tax is greater than that tax computed by the taxpayer. The director, upon making the determination, shall notify the taxpayer by certified mail. The director will state on each assessment the reason for which it is issued. The taxpayer may seek independent review of each determination of the director of revenue by the Administrative Hearing Commission. (2) Example: The taxpayer files a return for the taxable year and remits an underpayment of the tax for the period. The director determines, based on the return and payment, that the correct amount of the tax is greater than that remitted by the taxpayer and issues an assessment for the underpayment. At a later date, an audit conducted by the Department of Revenue of the credit institution reveals additional findings based on separate issues not associated with the underpayment and the director determines that the correct amount of the tax is greater than that previously computed and based on these findings issues a separate assessment for the same taxable year. The taxpayer may seek independent review of each assessment by the Administrative Hearing Commission. The first assessment generated will be for the amount of the underpayment and will contain the language underpayment as the basis for the assessment. The second assessment for the same taxable period will be based on the audited findings and will contain the language additional audit findings as the basis for the assessment. AUTHORITY: section 148.200, RSMo 1986.* Original rule filed Sept. 16, 1985, effective Dec. 26, 1985. *Original authority: 148.200, RSMo 1945.