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.090 Underpayment of tax, interest, or penalty — Interest. <br />If, upon examination of any returns, or from other information obtained by the Director, it <br />appears that a tax or penalty less than that properly due has been paid, the Director <br />shall assess the additional amount found to be due and shall add thereto interest on the <br />tax only. The Director shall notify the person by mail of the additional amount, which <br />shall become due and shall be paid within thirty (30) days from the date of the notice, or <br />within such time as the Director may provide in writing. <br />A. For the purposes of this section, the rate of interest to be charged for any late or <br />underpayment of taxes and/or assessments shall be in accordance with ROW <br />82.32.050 as it now exists or as it may be amended. <br />B. If subsection A of this section is held to be invalid, then the provisions of ROW <br />82.32.050 existing at the effective date of this ordinance shall apply. <br />(Mandatory) <br />.095 Time in which assessment may be made. <br />The Director shall not assess, or correct an assessment for, additional taxes, penalties, <br />or interest due more than four years after the close of the calendar year in which they <br />were incurred, except that the Director may issue an assessment: <br />A. Against a person who is not currently registered or licensed or has not filed a tax <br />return as required by this chapter for taxes due within the period commencing 10 <br />years prior to the close of the calendar year in which the person was contacted in <br />writing by the Director; <br />B. Against a person that has committed fraud or who misrepresented a material <br />fact; or <br />C. Against a person that has executed a written waiver of such limitations. <br />.100 Over payment of tax, penalty, or interest - Credit or refund - Interest rate - <br />Statute of limitations. <br />A. If, upon receipt of an application for a refund, or during an audit or examination of <br />the taxpayer's records and tax returns, the Director determines that the amount <br />of tax, penalty, or interest paid is in excess of that properly due, the excess <br />amount shall be credited to the taxpayer's account or shall be refunded to the <br />taxpayer. Except as provided in subsection (2) of this section, no refund or credit <br />shall be made for taxes, penalties, or interest paid more than four (4) years prior <br />to the beginning of the calendar year in which the refund application is made or <br />examination of records is completed. <br />B. The execution of a written waiver shall extend the time for applying for, or making <br />a refund or credit of any taxes paid during, or attributable to, the years covered <br />by the waiver if, prior to the expiration of the waiver period, an application for <br />refund of such taxes is made by the taxpayer or the Director discovers that a <br />refund or credit is due. <br />C. Refunds shall be made by means of vouchers approved by the Director and by <br />the issuance of a City check or warrants drawn upon and payable from such <br />funds as the City may provide. <br />38 Draft B&O Administrative Provisions <br />Page 6 of 16 <br />