Section 8704-A.1 - Assessment.(a)General rule.--The department may issue an assessment against a taxpayer if the department determines that a tax credit or tax benefit was improperly issued or the benefits of the tax credit or tax benefit were improperly conferred.(b) Transferred tax credit assessment.--If a tax credit is sold, transferred or assigned to a bona fide purchaser for consideration, the department may issue an assessment authorized by subsection (a) against the applicant and the broker which signed the certification required by Section 1706-A.1(g). An applicant and broker shall be jointly and severally liable for an assessment under this subsection.(c) Liability restrictions.--A broker shall not be held jointly and severally liable for the amount due when the broker is purchasing or selling a tax credit or tax benefit in which the broker did not sign the certification required under Section 1706-A.1(g) for the initial tax credit or tax benefit application. A broker under this subsection shall be liable only for the financial amount reported to the department on the program transfer application.(d) Amount.--An assessment authorized by subsection (a) shall not exceed the face value of the tax credit or tax benefit or the benefits of the tax credit or tax benefit sold, transferred, assigned or otherwise improperly conferred and applicable interest.(e) Procedures.--The procedures, collection, enforcement and appeals of an assessment made under subsection (a) or (b) shall be subject to Part X of Article III, except that the limitations on assessment and collection under section 348 shall not apply.(f)Limitations.-- (1) Except as provided under paragraph (2), the department must issue an assessment under subsections (a) or (b) within three years of the date the tax credit or tax benefit is awarded or within three years of the date the tax credit is sold, transferred or assigned, whichever is later.(2) If a taxpayer obtains a tax credit or tax benefit by fraud, the department may issue an assessment under subsection (a) or (b) at any time.(3) If a broker is determined to have acted in good faith and was not negligent in duties regarding the information provided to the broker by the taxpayer, the department may not make an assessment against the broker.Added by P.L. TBD 2021 No. 25, § 13, eff. 7/30/2021.