V.I. Code tit. 33, § 943 (2019)
2019 US Virgin Islands Code|Title 33 - Taxation and Finance|Subtitle 1 - Miscellaneous Internal Revenue Taxes|Part II - Procedure and Administration|Chapter 25 - Assessment|Subchapter II - Deficiency Procedures in the Case of Income Taxes|§ 943. Restrictions applicable to deficiencies; petition to district court

 Time for filing petition and restriction on assessment  (a) Within 90 days, or 150 days if the notice is addressed to a person outside the Virgin Islands, after the notice of deficiency authorized in section 942 of this title is mailed (not counting Saturday, Sunday, or a legal holiday in the Virgin Islands as the last day), the taxpayer may file a petition with the district court for a redetermination of the deficiency. Except as otherwise provided in section 1361 of this title no assessment of a deficiency in respect of any tax imposed by the Virgin Islands income tax law and no levy or proceeding in court for its collection shall be made, begun, or prosecuted until such notice has been mailed to the taxpayer, nor until the expiration of such 90-day or 150-day period, as the case may be, nor, if a petition has been filed with the district court, until the decision of the district court has become final. Notwithstanding the provisions of section 1691(a) of this title, the making of such assessment or the beginning of such proceeding or levy during the time such prohibition is in force may be enjoined by a proceeding in the proper court. Exceptions to restrictions on assessment  (b) Mathematical errors.  (1) If the taxpayer is notified that, on account of a mathematical error appearing upon the return, an amount of tax in excess of that shown upon the return is due, and that an assessment of the tax has been or will be made on the basis of what would have been the correct amount of tax but for the mathematical error, such notice shall not be considered as a notice of deficiency for the purposes of subsection (a) of this section (prohibiting assessment and collection until notice of the deficiency has been mailed), or of section 942(c) of this title (restricting further deficiency letters), or section 1182(a) of this title (prohibiting credits or refunds after petition to the district court), and the taxpayer shall have no right to file a petition with the district court based on such notice, nor shall such assessment or collection be prohibited by the provisions of subsection (a) of this section. (2) Assessments arising out of tentative carryback adjustments. If the Director determines that the amount applied, credited, or refunded under section 1131 of this title is in excess of the overassessment attributable to the carryback with respect to which such amount was applied, credited, or refunded, he may assess the amount of the excess as a deficiency as if it were due to a mathematical error appearing on the return. (3) Assessment of amount paid. Any amount paid as a tax or in respect of a tax may be assessed upon the receipt of such payment notwithstanding the provisions of subsection (a) of this section. In any case where such amount is paid after the mailing of a notice of deficiency under section 942 of this title, such payment shall not deprive the district court of jurisdiction over such deficiency determined under section 941 of this title without regard to such assessment. Failure to file petition  (c) If the taxpayer does not file a petition with the district court within the time prescribed in subsection (a) of this section, the deficiency, notice of which has been mailed to the taxpayer, shall be assessed, and shall be paid upon notice and demand from the Director. Waiver of restrictions  (d) The taxpayer shall at any time (whether or not a notice of deficiency has been issued) have the right, by a signed notice in writing filed with the Director, to waive the restrictions provided in subsection (a) of this section on the assessment and collection of the whole or any part of the deficiency.