<?xml version='1.0' encoding='utf-8'?>
<subtitle article="gtg" title_number="13" subtitle_number="11" title_name="Procedure" subtitle_name="Limitations">
  <section article="gtg" article_name="Tax - General" number="13-1101" title_number="13" title_name="Procedure" subtitle_number="11" subtitle_name="Limitations">
    <level label="a">
      <text>Except as otherwise provided in this section, an assessment of financial institution franchise tax, public service company franchise tax, income tax, or estate tax may not be made after 3 years from the later of:</text>
      <level label="1">
        <text>the date that the return is filed; or</text>
      </level>
      <level label="2">
        <text>the date that the return is due.</text>
      </level>
    </level>
    <level label="b">
      <text>An assessment of digital advertising gross revenues tax, financial institution franchise tax, public service company franchise tax, income tax, or estate tax may be made at any time if:</text>
      <level label="1">
        <text>a false return is filed with the intent to evade the tax;</text>
      </level>
      <level label="2">
        <text>a willful attempt is made to evade the tax;</text>
      </level>
      <level label="3">
        <text>a return is not filed as required under Title 7, Title 7.5, Title 8, or Title 10 of this article;</text>
      </level>
      <level label="4">
        <text>an amended estate tax return is not filed as required under Title 7 of this article;</text>
      </level>
      <level label="5">
        <text>an incomplete return is filed; or</text>
      </level>
      <level label="6">
        <text>a report of federal adjustment is not filed within the period required under § 13–409 of this title.</text>
      </level>
    </level>
    <level label="c">
      <text>If a report of federal adjustment is filed within the time required under § 13–409 of this title, the tax collector shall assess the digital advertising gross revenues tax, financial institution franchise tax, public service company franchise tax, income tax, or estate tax within 1 year after the date on which the tax collector receives the report.</text>
    </level>
    <level label="d">
      <level label="1">
        <text>Subject to the provisions of paragraph (2) of this subsection, an assessment of income tax or estate tax arising out of an amended return shall be made within 3 years after the date that the amended return is filed.</text>
      </level>
      <level label="2">
        <text>An assessment of income tax under paragraph (1) of this subsection shall be related to changes made by the amended items in the return.</text>
      </level>
    </level>
  </section>
  <section article="gtg" article_name="Tax - General" number="13-1102" title_number="13" title_name="Procedure" subtitle_number="11" subtitle_name="Limitations">
    <level label="a">
      <text>Except as provided in subsection (b) of this section, an action to recover admissions and amusement tax, boxing and wrestling tax, motor fuel tax, or sales and use tax may not be brought after 4 years from the date on which the tax is due.</text>
    </level>
    <level label="b">
      <level label="1">
        <level label="i">
          <text>An action to recover admissions and amusement tax, boxing and wrestling tax, or sales and use tax may be brought at any time if there is proof that the tax is not paid due to fraud or gross negligence.</text>
        </level>
        <level label="ii">
          <text>An underpayment of 25% or more of the sales and use tax due is prima facie evidence of gross negligence.</text>
        </level>
      </level>
      <level label="2">
        <text>An action to recover motor fuel tax may be brought at any time if there is proof that the tax is not paid due to fraud.</text>
      </level>
    </level>
  </section>
  <section article="gtg" article_name="Tax - General" number="13-1103" title_number="13" title_name="Procedure" subtitle_number="11" subtitle_name="Limitations">
    <level label="a">
      <text>Except as otherwise provided in this section, a tax imposed under this article may not be collected after 10 years from the date the tax is due.</text>
    </level>
    <level label="b">
      <text>If a tax collector fails to collect a tax and a receiver or trustee is appointed within the period specified in subsection (a) of this section to complete the tax collection, the period for collecting the tax extends for 2 years from the date that the trustee or receiver is appointed.</text>
    </level>
    <level label="c">
      <level label="1">
        <text>If the assessment of any tax has been made within the period of limitations applicable to the assessment, a tax may not be collected after 10 years from the date of the assessment.</text>
      </level>
      <level label="2">
        <text>Any judgment entered may be enforced or renewed as any other judgment.</text>
      </level>
    </level>
  </section>
  <section article="gtg" article_name="Tax - General" number="13-1104" title_number="13" title_name="Procedure" subtitle_number="11" subtitle_name="Limitations">
    <level label="a">
      <text>Except as otherwise provided in this section, a claim for refund under this article may not be filed after 3 years from the date the tax, interest, or penalty was paid.</text>
    </level>
    <level label="b">
      <text>A claim for refund of alcoholic beverage tax may not be filed after:</text>
      <level label="1">
        <text>90 days from the date of purchase or invoice of exempt alcoholic beverages used by a hospital or religious organization; and</text>
      </level>
      <level label="2">
        <text>6 months from the date on which alcoholic beverages are condemned, lost, or rendered unmarketable.</text>
      </level>
    </level>
    <level label="c">
      <level label="1">
        <text>Except as provided in paragraph (2) of this subsection, a claim for refund or credit of overpayment of financial institution franchise tax or income tax may not be filed after the periods of limitations for filing claims for refund or credit of overpayment set forth in § 6511 of the Internal Revenue Code.</text>
      </level>
      <level label="2">
        <text>A claim for refund or credit of overpayment may not be filed later than 1 year from the date of:</text>
        <level label="i">
          <text>a final adjustment report of the Internal Revenue Service; or</text>
        </level>
        <level label="ii">
          <text>a final decision of the highest court of the United States to which an appeal of a final decision of the Internal Revenue Service is taken.</text>
        </level>
      </level>
      <level label="3">
        <text>Except as provided in paragraph (4) of this subsection, a refund or credit of overpayment allowed upon a claim filed under this subsection may not exceed the amount of the Maryland tax resulting from the application of the limits set forth in § 6511 of the Internal Revenue Code.</text>
      </level>
      <level label="4">
        <text>A refund or credit of overpayment allowed upon a claim filed under paragraph (2) of this subsection shall be limited to the amount of the reduction in Maryland tax resulting from the federal income tax adjustment.</text>
      </level>
    </level>
    <level label="d">
      <text>A claim for refund of Maryland estate tax, inheritance tax, or Maryland generation-skipping transfer tax may not be filed after 3 years from the date of the event that caused the refund.</text>
    </level>
    <level label="e">
      <text>A claim for refund of excess motor carrier tax credit may not be filed after 24 months following the end of the period in which the excess credit was developed.</text>
    </level>
    <level label="f">
      <text>Except as provided in § 13-508 of this title or for a claim under § 13-901(a)(1) or (2) of this title, a claim for refund of motor fuel tax may not be filed:</text>
      <level label="1">
        <text>after 1 year from the date of purchase;</text>
      </level>
      <level label="2">
        <text>after October 1, if the claimant elects to file an annual claim for the 12-month period ending June 30; or</text>
      </level>
      <level label="3">
        <text>for a period of less than 1 year, after 3 months following the end of the period for which the claim is filed.</text>
      </level>
    </level>
    <level label="g">
      <text>Except as provided in § 13-508 of this title, a claim for refund of sales and use tax may not be filed after 4 years from the date the tax was paid.</text>
    </level>
    <level label="h">
      <text>Except for a claim under § 13-901(a)(1) or (2) of this title, a claim for refund of tobacco tax may not be filed after 1 year from the date of the event that caused the refund.</text>
    </level>
    <level label="i">
      <text>A claim for refund or credit for overpayment of income tax attributable to a credit claimed under § 10-703 of this article for the payment of a state tax on income paid to another state may not be filed after the later of:</text>
      <level label="1">
        <text>the end of the limitation period otherwise prescribed under this section; or</text>
      </level>
      <level label="2">
        <text>1 year after the date the taxpayer received notification that the other state’s income tax was due.</text>
      </level>
    </level>
    <level label="j">
      <text>Notwithstanding subsection (c) of this section, a claim for refund or credit for overpayment of income tax attributable to a right to a reduction in a person’s Maryland income tax that is established by a decision of an administrative board or by an appeal of a decision of an administrative board may be filed within 1 year after the date of a final decision of the administrative board or a final decision of the highest court to which an appeal of a final decision of the administrative board is taken.</text>
    </level>
  </section>
</subtitle>