US Laws, Codes, Statutes & Cases

 
    §  11-523  Limitations on assessment. (a) General. Except as otherwise
  provided in this section, any tax under this chapter shall  be  assessed
  within  three  years  after  the  return  was filed (whether or not such
  return was filed on or after the date prescribed).
    (b) Time return deemed filed. For purposes of this section a return of
  tax filed before the last  day  prescribed  by  law  or  by  regulations
  promulgated  pursuant  to law for the filing thereof, shall be deemed to
  be filed on such last day.
    (c) Exceptions. (1) Assessment at any time. The tax may be assessed at
  any time if:
    (A) no return is filed,
    (B) a false or fraudulent return is filed with intent to evade tax,
    (C) the taxpayer fails to comply with section 11-519 of  this  chapter
  in  not  reporting  a  change or correction increasing or decreasing the
  taxpayer's federal or New York state taxable income as reported  on  the
  taxpayer's federal or New York state income tax return, or the execution
  of  a  notice  of  waiver  and the changes or corrections on which it is
  based or in not reporting a change or correction which is treated in the
  same manner as if it were a deficiency for federal  or  New  York  state
  income tax purposes, or in not filing an amended return, or
    (D)  the  taxpayer  fails to file a report or amended return or report
  required under section 11-519.1 of this chapter, in respect of a  change
  or  correction  of sales and compensating use tax liability, relating to
  the purchase or use of items for which a sales or compensating  use  tax
  credit against the tax imposed by this chapter was claimed.
    (2)  Extension  by agreement. Where, before the expiration of the time
  prescribed  in  this  section  for  the  assessment  of  tax,  both  the
  commissioner  of  finance  and the taxpayer have consented in writing to
  its assessment after such time, the tax may  be  assessed  at  any  time
  prior  to the expiration of the period agreed upon. The period so agreed
  upon may be extended by subsequent agreements in writing made before the
  expiration of the period previously agreed upon.
    (3) Report of changed or corrected federal or New York  state  income.
  If  the  taxpayer  shall,  pursuant  to  section 11-519 of this chapter,
  report a change or correction or file an amended  return  increasing  or
  decreasing  federal  or  New  York  state  taxable  income or report the
  execution of a notice of waiver and the changes and corrections on which
  it is based, or a change or correction which  is  treated  in  the  same
  manner  as  if it were a deficiency for federal or New York state income
  tax purposes, the assessment (if not deemed to have been made  upon  the
  filing  of  the report or amended return) may be made at any time within
  two years after such report or amended return was filed. The  amount  of
  such  assessment  of  tax shall not exceed the amount of the increase in
  city tax attributable to such  federal  or  New  York  state  change  or
  correction.  The  provisions of this paragraph shall not affect the time
  within which or the amount for which  an  assessment  may  otherwise  be
  made.
    (4)  Deficiency  attributable  to  net  operating loss carryback. If a
  deficiency is attributable to the application to the taxpayer of  a  net
  operating  loss  carryback,  it  may  be  assessed  at  any  time that a
  deficiency for the taxable year of the loss may be assessed.
    (5) Recovery  of  erroneous  refund.  An  erroneous  refund  shall  be
  considered an underpayment of tax on the date made, and an assessment of
  a  deficiency arising out of an erroneous refund may be made at any time
  within two years  from  the  making  of  the  refund,  except  that  the
  assessment  may  be made within five years from the making of the refund
  if it appears that any part of  the  refund  was  induced  by  fraud  or
  misrepresentation of a material fact.

    (6)  Request  for  prompt  assessment.  If  a return is required for a
  decedent or for his or her estate during the period  of  administration,
  the  tax  shall be assessed within eighteen months after written request
  therefor (made after the return is filed) by the executor, administrator
  or  other  person representing the estate of such decedent, but not more
  than three years  after  the  return  was  filed,  except  as  otherwise
  provided in this subdivision and subdivision (d) of this section.
    (7)  Report  on  use  of  certain  property.  Under  the circumstances
  described in paragraph two of subdivision (b) of section 11-509 of  this
  chapter,  the tax may be assessed within three years after the filing of
  a return reporting that property has been used for purposes  other  than
  research and development to a greater extent than originally reported.
    (8)   Report   concerning   waste   treatment   facility.   Under  the
  circumstances described in paragraph nine  of  section  11-507  of  this
  chapter,  the tax may be assessed within three years after the filing of
  the return containing the information required by such paragraph.
    (9) Report of changed or corrected  sales  and  compensating  use  tax
  liability.  If  the  taxpayer files a report or amended return or report
  required under section 11-519.1 of this chapter, in respect of a  change
  or   correction  of  sales  and  compensating  use  tax  liability,  the
  assessment (if not deemed to have been  made  upon  the  filing  of  the
  report)  may  be  made at any time within two years after such report or
  amended return or report was filed. The amount of such assessment of tax
  shall not exceed the amount of the increase in city tax attributable  to
  such  state change or correction. The provisions of this paragraph shall
  not affect the time within which or the amount for which  an  assessment
  may otherwise be made.
    (d)  Omission of income on return. The tax may be assessed at any time
  within six years after the return was filed if (1) a taxpayer omits from
  his or her city unincorporated business gross income an amount  properly
  includible  therein  which is in excess of twenty-five per centum of the
  amount of city  unincorporated  business  gross  income  stated  in  the
  return,  or  (2)  an  estate or trust omits income from its return in an
  amount in excess of twenty-five percent of its income determined  as  if
  it were an individual.
    For purposes of this subdivision there shall not be taken into account
  any amount which is omitted in the return if such amount is disclosed in
  the  return,  or  in  a  statement  attached  to the return, in a manner
  adequate to apprise the commissioner of finance of the nature and amount
  of such item.
    (e) Suspension of running of period of limitation. The running of  the
  period of limitations on assessment or collection of tax or other amount
  (or of a transferee's liability) shall, after the mailing of a notice of
  deficiency, be suspended for the period during which the commissioner of
  finance  is  prohibited  under subdivision (c) of section 11-521 of this
  chapter from making the assessment or from collecting by levy.