§ 35A-38 LIMITATIONS.
   (a)   Limitation on determination of tax or assessment. Subject to the provisions of subsection 35A-38(b) of this section, and unless a specific section of the municipal code provides for a shorter time period, the village shall not issue a determination of tax due or assessment:
      (1)   More than four years after the end of the calendar year that the return for the period was filed, or the end of the calendar year that the return for the period was due, whichever occurs later; or
      (2)   More than six years after the end of the calendar year that the return for the period was due or the end of the calendar year that the return for the period was filed, whichever occurs later, if a taxpayer failed to file a tax return, or if the taxpayer paid or remitted less than 75% of the tax due during any four-year period that the village may issue a notice of tax determination or assessment.
   (b)   Exception if fraud. Notwithstanding the provisions of subsection 35A-38(a) of this section, there shall be no time limitation imposed on a determination or assessment of a village tax if the taxpayer filed a fraudulent tax return.
(Ord. No. 2000-34-3016)