Audit and assessment. The Borough's Chief Financial Officer
may initiate an audit by means of an audit notice to be served on
any agent at the Medicinal Cannabis Dispensary's principal place
of business. If, as a result of an examination conducted by the Chief
Financial Officer, a return has not been filed by a Medicinal Cannabis
Dispensary or a return is found to be incorrect and transfer taxes
are owed, the Chief Financial Officer is authorized to assess and
collect any tax due. If no return has been filed and tax is found
to be due, the tax actually due may be assessed and collected with
or without the formality of obtaining a return from the taxpayer.
Deficiency assessments (i.e., where a Medicinal Cannabis Dispensary
has filed a return but is found to owe additional tax) shall include
taxes for up to three years to the date when the deficiency is assessed.
Where no return was filed, there shall be no limit to the period of
assessment. All expenses incurred by the Borough associated with the
audit and the collection of the outstanding taxes shall be paid by
the delinquent Medicinal Cannabis Dispensary.
Upon proposing an assessment, the Chief Financial Officer shall
send the Medicinal Cannabis Dispensary an interim notice by certified
mail, return receipt requested, which advises the taxpayer of additional
taxes that are due. Should the taxpayer wish to dispute the assessment
administratively by requesting a hearing with the Chief Financial
Officer, it must do so within 30 days of the date of such interim
notice. If, after the Chief Financial Officer sends an interim notice,
a taxpayer fails to timely request a hearing with the Chief Financial
Officer or requests a hearing and after conducting a hearing, the
Chief Financial Officer determines that the taxes are due, the Chief
Financial Officer shall send the Medicinal Cannabis Dispensary by
certified mail, return receipt requested, a final notice. Should the
Medicinal Cannabis Dispensary wish to dispute the assessment set forth
in the final notice, the Medicinal Cannabis Dispensary must initiate
an appeal in the New Jersey Tax Court within 90 days after the mailing
of any final notice regarding a decision, order, finding, assessment,
or action hereunder.