New Jersey § 54a:9-4

§ 54a:9-4.

(a) General. Except as otherwise provided in this section, any tax under this act shall be assessed

within 3 years after the return was filed (whether or not such return was filed on

or after the date prescribed). (b) Time return deemed filed. (1) Early return. For purposes of this section a return of income tax, except withholding tax, filed

before the last day prescribed by law or by regulations promulgated pursuant to law

for the filing thereof, shall be deemed to be filed on such last day. (2) Return of withholding tax. For purposes of this section, if a return of withholding tax for any period ending

with or within a calendar year is filed before April 15 of the succeeding calendar

year, such return shall be deemed to be filed on April 15 of such succeeding calendar

year. (c) Exceptions. (1) Assessment at any time. The tax may be assessed at any time if-- (A) No return is filed, (B) A false or fraudulent return is filed with intent to evade tax, or (C) The taxpayer fails to comply with N.J.S.54A:8-7 , in not reporting a change or correction increasing the taxpayer's Federal taxable income as reported on his Federal income tax return, or in not reporting

a change or correction which is treated in the same manner as if it were a deficiency

for Federal income tax purposes, in not filing an amended return , or, for both partners and partnerships, in not reporting final federal adjustments

resulting from a partnership audit pursuant to section 6225(a)(1) of the Internal Revenue Code ( 26 U.S.C. s. 6225(a)(1) ) . (2) Extension by agreement. Where, before the expiration of the time prescribed in this section for the assessment

of tax, both the director and the taxpayer have consented in writing to its assessment

after such time, the tax may be assessed at any time prior to the expiration of the

period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made

before the expiration of the period previously agreed upon. (3) Report of changed or corrected Federal income. If the taxpayer shall, pursuant to subsection a. of N.J.S.54A:8-7 , report a change or correction or file an amended return increasing the taxpayer's Federal taxable income or report a change or correction which is treated in the same

manner as if it were a deficiency for Federal income tax purposes, the assessment

(if not deemed to have been made upon the filing of the report or amended return)

may be made at any time within 2 years after such report or amended return was filed. The amount of such assessment of tax shall not exceed the amount of the increase

in New Jersey tax attributable to such Federal change or correction. The provisions of this paragraph shall not affect the time within which or the amount

for which an assessment may otherwise be made. (4) Recovery of erroneous refund. An erroneous refund shall be considered an underpayment of tax on the date made,

and an assessment of a deficiency arising out of an erroneous refund may be made at

any time within 3 years from the making of the refund, except that the assessment

may be made within 5 years from the making of the refund if it appears that any part

of the refund was induced by fraud or misrepresentation of a material fact. (5) Request for prompt assessment. If a return is required for a decedent or for the decedent's estate during the period of administration, the tax shall be assessed within 18 months

after written request therefor (made after the return is filed) by the executor, administrator

or other person representing the estate of such decedent, but not more than 3 years

after the return was filed, except as otherwise provided in this subsection and subsection

(d). (6) Final federal adjustments resulting from a Federal Partnership Audit. Tax may be assessed against the partnership, direct or indirect partners, or both,

within two years of the time that a partnership files a Federal Adjustments Report

as required by N.J.S.54A:8-7 that includes Final Federal Adjustments from a federal partnership audit or administrative

adjustments request that would result in additional New Jersey income tax for one

or more direct or indirect partners. (d) Omission of income on return. The tax may be assessed at any time within 6 years after the return was filed if-- (1) An individual omits from his New Jersey income an amount properly includible therein

which is in excess of 25% of the amount of New Jersey income stated in the return;

or (2) An estate or trust omits income from its return in an amount in excess of 25%

of its income determined as if it were an individual, computing his New Jersey income

under this act. For purposes of this subsection there shall not be taken into account any amount which

is omitted in the return if such amount is disclosed in the return, or in a statement

attached to the return, in a manner adequate to apprise the director of the nature

and amount of such item. (e) Suspension of running of period of limitation. The running of the period of limitations on assessment or collection of tax or other

amount (or of a transferee's liability) shall, after the mailing of a notice of deficiency,

be suspended for the period during which the director is prohibited under subsection

(c) of section N.J.S.54A:9-2 from making the assessment or from collecting by levy.