Montana Code Annotated 2023

TITLE 15. TAXATION

CHAPTER 1. TAX ADMINISTRATION

Part 23. Rebate of Property Taxes Paid

Property Tax Rebate -- Penalty For False Or Fraudulent Claim

15-1-2303. (Temporary) Property tax rebate -- penalty for false or fraudulent claim. (1) Except as provided in subsection (2), if the department discovers that a rebate paid to a taxpayer exceeded the amount allowed by this part, the department may, within 1 year from the date the rebate was transmitted to the taxpayer, assess the taxpayer for the difference. The assessment is subject to the uniform dispute review procedure established in 15-1-211.

(2) A person who files a false or fraudulent claim for a property tax rebate under this part is subject to criminal prosecution under the provisions of 45-7-202. If a false or fraudulent claim has been paid by the department, the amount paid may be recovered as any other tax owed the state, together with a penalty of 300% of the rebate claimed and interest on the amount of the rebate claimed plus penalty at the rate of 12% a year, until paid. If this rebate plus penalty becomes due and owing, the department may issue a warrant for distraint as provided in Title 15, chapter 1, part 7. (Terminates June 30, 2025--sec. 10, Ch. 47, L. 2023.)

History: En. Sec. 3, Ch. 47, L. 2023.