29- 250 C.M.R. ch. 165, § S1

Current through 2024-50, December 11, 2024

Section 250-165-S1 - BEST INFORMATION AVAILABLE TAX FINDING

If a licensee fails to file any tax return due or fails to make records available upon request, or if any licensee fails to maintain records from which the licensee's true liability may be determined, the Secretary of State may, 90 days after requesting in writing that the tax return be filed, or that the records be made available, or receiving notification of the insufficient records, determine a tax finding for each jurisdiction based upon the Secretary's determination of the tax liability of the licensee. The Secretary may make a determination from information previously furnished by the licensee, if available, and any other pertinent information that may be available to the Secretary.

The Secretary shall make a Best Information Available tax finding as follows:

a. the licensee shall be assessed based on 125 percent of the average mileage traveled in each jurisdiction for up to the past four quarters for which the licensee reported mileage. The licensee's assessed mileage for each jurisdiction shall be divided by 4.0 MPG, and multiplied by each jurisdiction's latest tax rate. No credit will be allowed for tax paid fuel. Credits from previous quarters may be applied to the determined tax finding.

b. if the licensee does not have sufficient tax reporting history, the Secretary may assess a tax of $150 multiplied by the number of fuel decal sets issued to the carrier for each jurisdiction listed on the licensee's application.

If the licensee files the delinquent materials within 15 days of the Secretary's notice of a Best Information Available tax finding, the Secretary shall rescind the directed tax finding provided the Secretary is satisfied with the licensee's submission.

29- 250 C.M.R. ch. 165, § S1