Sec. 12-416. Assessments if no return made.
Sec. 12-416. Assessments if no return made. (a) Assessment; failure to file return. If any person fails to make a return, the commissioner shall make an estimate of
the amount of the gross receipts of the person or, as the case may be, of the amount of
the total sales price of services or tangible personal property sold or purchased by the
person, the storage, acceptance, consumption or other use of which in this state is subject
to the use tax. The estimate shall be made for the period or periods in respect to which
the person failed to make a return and shall be based upon any information which is in
or may come into the commissioner's possession. To the tax imposed upon the basis of
such estimate, there shall be added an amount equal to fifteen per cent of such tax, or
fifty dollars, whichever is greater. No person shall be subject to a penalty under both
this section and section 12-419. Except in the case of new information that may come
into the commissioner's possession, the commissioner may not make more than one
assessment for a tax period for which a tax return has not been filed.
(b) Interest. The amount of the assessment shall bear interest at the rate of one per
cent per month or fraction thereof from the last day of the month succeeding the period
for which the amount or any portion thereof should have been returned until the date
of payment.
(c) Notice of assessment. Promptly after making the assessment the commissioner
shall give to the person written notice of the estimate, assessment and penalty, the notice
to be served personally or by mail in the manner prescribed for service of notice of a
deficiency assessment.
(1949 Rev., S. 2100; March, 1958, P.A. 27, S. 20; 1969, P.A. 388, S. 11, 12; P.A. 75-213, S. 37, 53; Dec. Sp. Sess.
P.A. 75-1, S. 7, 12; P.A. 76-322, S. 12, 13, 27; P.A. 80-307, S. 20, 21, 31; P.A. 81-64, S. 8, 9, 23; 81-411, S. 28, 29, 42;
P.A. 85-316, S. 3, 7; P.A. 88-314, S. 26, 54; P.A. 90-148, S. 11, 34; May Sp. Sess. P.A. 94-4, S. 39, 76, 85; P.A. 95-160,
S. 64, 69; P.A. 97-243, S. 29, 67; P.A. 99-48, S. 7, 10.)
History: 1969 act increased interest rates in Subsecs. (2) and (3) from 0.5% to 0.75%; P.A. 75-213 added references
to "acceptance" and "services" in Subsec. (1); Dec. Sp. Sess. P.A. 75-1 deleted "quarterly" with reference to payment
period in Subsec. (3), effective January 1, 1976, and applicable to taxes imposed by chapter 219 on or after that date; P.A.
76-322 increased interest rates in Subsecs. (2) and (3) to 1%; P.A. 80-307 temporarily increased interest rates in Subsecs.
(2) and (3) to 1.25% for payments and assessments due on or after July 1, 1980, but not later than June 30, 1981; P.A. 81-64 amended Subsec. (1) to include a minimum penalty of $50, and amended Subsec. (4) to include waiver of penalty
provision applicable to other state taxes; P.A. 81-411 continued interest applicable to overpayments and underpayments
related to assessment by the commissioner under Subsec. (2) at 1.25% per month, and continued interest applicable to an
assessment by the commissioner under Subsec. (3) at the rate of 1.25% per month, effective July 1, 1981, and applicable
to taxes becoming due on or after that date; P.A. 85-316 amended Subsec. (2) by deleting reference to penalties on underpayments as an item against which overpayments may be offset, retaining interest on underpayments as an item subject
to such offset; P.A. 88-314 amended Subsec. (1) by a restatement of the commissioner's estimate of tax when no return
is filed and the penalty to be added thereto, and deleted Subsec. (4) concerning failure of any person to file a return due
to fraud or intent to evade the tax and the applicable penalties because this provision is covered in another section of chapter
219, effective July 1, 1988, and applicable to any tax which first becomes due and payable on or after said date, to any
return or report due on or after said date, or in the case of any ongoing obligation imposed in accordance with said act, to
the tax period next beginning on or after said date; P.A. 90-148 increased the rate of penalty added in Subsec. (1) from
10% to 15% of the tax and increased the rate of interest applicable under Subsecs. (2) and (3) from 1.25% to 1.66% per
month, effective July 1, 1990, and applicable to taxes becoming due on or after that date; May Sp. Sess. P.A. 94-4 made
existing Subsec. (1) a Subdiv. (A) and added provision that commissioner may not make more than one assessment for a
tax period and added a new Subdiv. (B) re supplemental assessment, effective June 9, 1994, and in Subsecs. (2) and (3)
reduced interest rate from 1.66% to 1%, effective July 1, 1995, and applicable to taxes due and owing on or after said date;
P.A. 95-160 revised effective date of May Sp. Sess. P.A. 94-4 but without affecting this section; P.A. 97-243 amended
Subsec. (1) to allow commissioner to make more than one assessment if new information comes into his possession and
deleted requirement to adopt regulations, effective July 1, 1997; P.A. 99-48 replaced numeric Subsec. indicators with
alphabetic indicators, deleting former Subsec. (2) re offsets by the commissioner, and made technical changes, effective
January 1, 2000.
Cited. 206 C. 253. Cited. 235 C. 737.
Cited. 44 CS 297.
Subsec. (1):
Cited. 221 C. 166.
Cited. 31 CS 373.
Subsec. (3):
Cited. 31 CS 373.