The Vermont Statutes Online

Title 32 : Taxation and Finance

Chapter 231 : Property Transfer Tax

• § 9617. Notices; appeals

  Unless otherwise provided by this title:

  (1) If the Commissioner finds that any taxpayer has failed to discharge in full the amount of any tax liability incurred under this title, or that a penalty or interest should be assessed under it, the Commissioner shall notify the taxpayer of the deficiency or assess the penalty or interest, as the case may be, by mail.

  (2) Upon receipt of a notice of deficiency or assessment of penalty or interest under subdivision (1) of this section, the taxpayer may, within 60 days after the date of the mailing of the notice of assessment, petition the Commissioner in writing for a determination of that deficiency or assessment. The Commissioner shall thereafter grant a hearing upon the matter and notify the taxpayer in writing of the Commissioner’s determination concerning the deficiency, penalty, or interest.

  (3) Any hearing granted by the Commissioner under this title shall be subject to and governed by 3 V.S.A. chapter 25.

  (4) Any notice under this chapter may be given by mailing it to the person for whom it is intended in a postpaid envelope addressed to that person at the address given in the last return filed by that person under this title, or in any application made by that person or, if no return has been filed or application made, then to any address obtainable. The mailing of the notice shall be presumptive evidence of its receipt by the person to whom it is addressed. Any period of time that is determined under this chapter by the giving of notice shall commence to run from the date of mailing of the notice.

  (5) A taxpayer may, within 30 days, appeal a determination by the Commissioner concerning a notice of deficiency or an assessment of penalty or interest to the Washington Superior Court or the Superior Court of the county in which the taxpayer resides or has a place of business.

  (6) The exclusive remedy of a taxpayer with respect to a notification of deficiency or assessment of penalty or interest under subdivision (1) of this section shall be the petition for determination of the deficiency or assessment provided by subdivision (2) of this section, and the appeal from an adverse determination of deficiency or assessment provided under subdivision (5) of this section.

  (7) Upon the failure of a taxpayer to petition in accordance with subdivision (2) of this section from a notice of deficiency or assessment issued under subdivision (1) of this section, or to appeal in accordance with subdivision (5) of this section from a determination of a deficiency or assessment of tax liability under subdivision (2) of this section, the taxpayer shall be bound by the terms of the notification, assessment, or determination, as the case may be. The taxpayer shall not thereafter contest, either directly or indirectly, the tax liability as set forth, in any proceeding, including proceeding for the enforcement or collection of all or any part of the tax liability.

  (8)

  (A) At any time within three years after the date a property is transferred, a taxpayer may petition the Commissioner in writing for the refund of all or any part of the amount of tax paid. The Commissioner shall thereafter grant a hearing subject to the provisions of 3 V.S.A chapter 25 upon the matter and notify the taxpayer in writing of the Commissioner’s determination concerning the refund request. The Commissioner’s determination may be appealed as provided in subdivision (5) of this section. This shall be a taxpayer’s exclusive remedy with respect to the refund of taxes under this chapter, except as provided under subdivision (B) of this subsection.

  (B) If the transfer taxed by this chapter was an enhanced life estate interest and that interest is revoked or revised pursuant to 27 V.S.A. chapter 6, the person who paid the tax may petition for a refund, provided that the petition is made within eight years after the date of payment of the tax and within one year after the date of revocation or revision. No petition for a refund shall be granted for the revocation or revision of an interest that occurred eight years or more after the date of payment of the tax. In the case of a revision, the revised enhanced life estate interest transfer shall be subject to tax under this chapter. (Added 1979, No. 105 (Adj. Sess.), § 38; amended 1989, No. 222 (Adj. Sess.), § 37; 1997, No. 156 (Adj. Sess.), § 20, eff. April 29, 1998; 2021, No. 105 (Adj. Sess.), § 591, eff. July 1, 2022; 2021, No. 179 (Adj. Sess.), § 3, eff. January 1, 2022.)