2010 New York Code
TAX - Tax
Article 41 - TAXPAYERS' BILL OF RIGHTS
Part 1 - (3000 - 3012) TAXPAYERS' RIGHTS
3010 - Agreements for payments of tax liability in installments.

§  3010. Agreements for payments of tax liability in installments. (a)
  Authorization of agreements. The commissioner  is  authorized  to  enter
  into  written  agreements with any taxpayer under which such taxpayer is
  allowed to satisfy liability for  payment  of  any  tax  (including  any
  interest,  penalty  or  addition  to tax) in installment payments if the
  commissioner determines that such agreement will  facilitate  collection
  of such liability.
    (b)  Extent  to  which  agreements  remain  in  effect.  (1) Except as
  otherwise provided in this subdivision, any agreement  entered  into  by
  the  commissioner  under subdivision (a) of this section shall remain in
  effect for the term of the agreement.
    (2) The commissioner may terminate any agreement entered into  by  the
  commissioner under subdivision (a) of this section if:
    (A)  information which the taxpayer provided to the commissioner prior
  to  the  date  such  agreement  was  entered  into  was  inaccurate   or
  incomplete, or
    (B)  the  commissioner  believes  that  collection of any liability to
  which an agreement under this section relates is in jeopardy.
    (3) If the commissioner  finds  that  the  financial  condition  of  a
  taxpayer  with whom the commissioner has entered into an agreement under
  subdivision  (a)  of  this  section  has  significantly   changed,   the
  commissioner may alter, modify, or terminate such agreement.
    (4)  The  commissioner  may  alter,  modify, or terminate an agreement
  entered into by the commissioner under subdivision (a) of  this  section
  in the case of the failure of the taxpayer:
    (A)  to  pay any installment at the time such installment is due under
  such agreement,
    (B) to pay any other tax liability at the time such liability is  due,
  or
    (C)  to  provide  a  financial  condition  update  as requested by the
  commissioner.
    (5) The commissioner may not take  any  action  under  paragraph  two,
  three or four of this subdivision unless:
    (A) a notice of such action is provided to the taxpayer not later than
  thirty days prior to such action, and
    (B)  such  notice includes an explanation why the commissioner intends
  to take such action.
    The preceding sentence shall not  apply  in  any  case  in  which  the
  commissioner  believes  that collection of any tax to which an agreement
  under this section relates is in jeopardy.
    (c) Nothing in this section should be construed to prevent a  taxpayer
  from  prepaying  in whole or in part any outstanding liability under any
  agreement the taxpayer enters into with the commissioner.