WILLIAM DONALD SCHAEFER, Governor

Ch. 2

GOVERNMENTAL UNIT FAILS TO FILE THE RETURN, THE COMPTROLLER
SHALL:

(1)  COMPUTE THE TAX BY USING THE BEST INFORMATION IN
THE POSSESSION OF THE COMPTROLLER; AND

(2)  ASSESS THE TAX DUE.

(B) WHEN RECORDS NOT KEPT.

IF A PERSON OR GOVERNMENTAL UNIT FAILS TO KEEP THE RECORDS
REQUIRED BY § 4-202 OF THIS ARTICLE, THE COMPTROLLER MAY:

(1)  COMPUTE THE ADMISSIONS AND AMUSEMENT TAX BY USING
A FACTOR THAT THE COMPTROLLER DEVELOPS BY:

(I)  A SURVEY OF THE BUSINESS OF THE PERSON OR
GOVERNMENTAL UNIT, INCLUDING ANY AVAILABLE RECORDS;

(II)  A SURVEY OF OTHER PERSONS OR GOVERNMENTAL
UNITS ENGAGED IN THE SAME OR SIMILAR BUSINESS; OR

(III)  OTHER MEANS; AND

(2)  ASSESS THE TAX DUE.

REVISOR'S NOTE: Subsection (a) of this section is new
language added to state that which only was implied by
former Art. 81, § 407, which made a person failing to
file a return subject to a penalty equal to a
percentage of "the amount of taxes due". Similarly,
subsection (b)(2) of this section is new language
added to state expressly that, after the computation,
an assessment is made.

Subsection (b)(1) of this section is new language
derived without substantive change from former Art.
81, § 409(b)(1).

In the introductory language to subsection (b) of this
section, the phrase "required by § 4-202 of this
article" is substituted for the former phrase "from
which the tax imposed by this subtitle may be computed
accurately", for brevity.

Defined terms: "Admissions and amusement tax" § 1-101

"Comptroller" § 1-101

"Governmental unit" § 13-101 "Person" § 1-101

13-403. FINANCIAL INSTITUTION FRANCHISE TAX ASSESSMENT WHEN
RETURN NOT FILED.

IF A NOTICE AND DEMAND FOR A FINANCIAL INSTITUTION FRANCHISE
TAX RETURN IS MADE UNDER § 13-304 OF THIS TITLE AND THE PERSON
FAILS TO FILE THE RETURN, THE DEPARTMENT MAY:

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