Section 43.65.020. Taxpayer's duties.

   (a) A person subject to tax under this chapter shall make a return stating specifically the items of gross income from the property, including royalty received and the deductions and credits allowed by this chapter and the exploration incentive credit authorized by AS 27.30, and other information for carrying out this chapter that the department prescribes. The return must show the mining license number and must be signed by the taxpayer or an authorized agent of the taxpayer, under penalty of unsworn falsification in the second degree. If receivers, trustees, or assigns are operating the property or business, they shall make returns for the person engaged in mining, or the recipient of royalty in connection with mining property. The tax due on the basis of the returns shall be collected in the same manner as if collected from the person of whose business they have custody and control. In a tax year in which a taxpayer applies against the tax levied under this chapter the exploration incentive credit authorized by AS 27.30, the commissioner shall require the taxpayer to submit the accounting of mining operation activities form required by AS 27.30.030(b).
   (b) A return made on the basis of the calendar year shall be made before May 1 of the next year.  A return made on the basis of a fiscal year shall be made before the first day of the fifth month of the next fiscal year.
   (c) The department may grant a reasonable extension of time for filing returns, under regulations adopted by it. Except in the case of a taxpayer going abroad, an extension may not be made for more than six months.
   (d) A taxpayer shall make a return either on a calendar year or fiscal year basis, in conformance with the basis used in making the taxpayer's return for federal income tax purposes.
   (e) The total amount of tax imposed by this chapter shall be paid on the 30th day of April of the next calendar year, or, if the return is made on the basis of the fiscal year, then on the last day of the fourth month of the next fiscal year.
   (f) Every person prosecuting or attempting to prosecute or engaging in the business of mining in the state shall comply with the department's regulations and shall keep such records, give such statements under oath, and make such returns as the department prescribes.
   (g) When the department considers it necessary, it may require a person, by notice served upon the person, to make a return, give statements under oath, or keep records as it considers sufficient to show whether or not the person is liable to tax under this chapter.  If a person fails to file a return at the time prescribed by law or regulation, or makes, wilfully or otherwise, a false or fraudulent return, the department shall make the return from its own knowledge and from such information as it can obtain through testimony or otherwise. A return so made and subscribed by the department is prima facie good and sufficient for all legal purposes.

Notes

Recent Bills that will modify this

HB 253 ELCTRNC TAX RETURN;MINING LIC. TAX & FEES
HB 375 ELECTRONIC TAX RETURNS & REPORTS
SB 137 ELCTRNC TAX RETURN;MINING LIC. TAX & FEES

Implemented As

15 AAC 65.030
15 AAC 65.040
15 AAC 65.220
15 AAC 65.240

History

(Sec. 35-1-32 ACLA 1949; am Sec. 52 ch 21 SLA 1991; am Sec. 5 ch 86 SLA 1995; am Sec. 26 ch 42 SLA 2006; am Sec. 5 ch 20 SLA 2016)