Termination of taxable year

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    • Income tax in jeopardy

      • (a)

        • (1) In general. If the Director finds that a taxpayer designs quickly to depart from the Virgin Islands or to remove his property therefrom, or to conceal himself or his property therein, or to do any other act tending to prejudice or to render wholly or partly ineffectual proceedings to collect the income tax for the current or the preceding taxable year unless such proceedings be brought without delay, the Director shall declare the taxable period for such taxpayer immediately terminated, and shall cause notice of such finding and declaration to be given the taxpayer, together with a demand for immediate payment of the tax for the taxable period so declared terminated and of the tax for the preceding taxable year or so much of such tax as is unpaid, whether or not the time otherwise allowed by law for filing return and paying the tax has expired; and such taxes shall thereupon become immediately due and payable. In any proceeding in court brought to enforce payment of taxes made due and payable by virtue of the provisions of this section, the finding of the Director, made as herein provided, whether made after notice to the taxpayer or not, shall be for all purposes presumptive evidence of jeopardy.

        • (2) Corporation in liquidation. If the Director finds that the collection of the income tax of a corporation for the current or the preceding taxable year will be jeopardized by the distribution of all or a portion of the assets of such corporation in the liquidation of the whole or any part of its capital stock, the Director shall declare the taxable period for such taxpayer immediately terminated and shall cause notice of such finding and declaration to be given the taxpayer, together with a demand for immediate payment of the tax for the taxable period so declared terminated and of the tax for the preceding taxable year or so much of such tax as is unpaid, whether or not the time otherwise allowed by law for filing return and paying the tax has expired; and such taxes shall thereupon become immediately due and payable.

    • Reopening of taxable period

      • (b) Notwithstanding the termination of the taxable period of the taxpayer by the Director, as provided in subsection (a) of this section, the Director may reopen such taxable period each time the taxpayer is found by the Director to have received income, within the current taxable year, since a termination of the period under subsection (a) of this section. A taxable period so terminated by the Director may be reopened by the taxpayer (other than a nonresident alien) if he files with the Director a true and accurate return of the items of gross income and of the deductions and credits allowed under the Virgin Islands income tax law for such taxable period, together with such other information as the Director may be regulations prescribe. If the taxpayer is a nonresident alien the taxable period so terminated may be reopened by him if he files, or causes to be filed, with the Director a true and accurate return of his total income derived from all sources within the Virgin Islands, in the manner prescribed in the Virgin Islands income tax law.

    • Waiver with respect to U.S. citizens who are Virgin Islands inhabitants

      • (c) In the case of a citizen of the United States who is an inhabitant of the Virgin Islands about to depart from the Virgin Islands, the Director may, at his discretion, waive any or all of the requirements placed on the taxpayer by this section.

    • Departure of alien or non-inhabitant

      • (d) No alien or non-inhabitant of the Virgin Islands shall depart from the Virgin Islands unless he first procures from the Director a certificate that he has complied with all the obligations imposed upon him by the Virgin Islands income tax law.

    • Furnishing bond where taxable year is closed by the Director

      • (e) Payment of taxes shall not be enforced by any proceedings under the provisions of this section prior to the expiration of the time otherwise allowed for paying such taxes if the taxpayer furnishes, under regulations prescribed by the Director, a bond to insure the timely making of returns with respect to, and payment of, such taxes or any income taxes for prior years.


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