2010 New York Code
TAX - Tax
Article 8 - (170 - 179) DEPARTMENT OF TAXATION AND FINANCE; COMMISSIONER OF TAXATION AND FINANCE
173-A - Hearing rights upon notice and demand

§  173-a.  Hearing rights upon notice and demand. 1. Applicability and
  construction. (a) Applicability. Except as otherwise  provided  in  this
  section,  this  section  shall  apply  with  respect to any tax which is
  administered by the commissioner and which is imposed by  or  authorized
  to  be  imposed  pursuant  to  this  chapter  or any other law. Unless a
  different meaning is clearly required, any reference to "tax" or "taxes"
  in this section shall be deemed also to refer  to  special  assessments,
  fees,  interest,  additions to tax, penalties or other impositions which
  are administered by the commissioner.
    (b) Exceptions to applicability. This section shall not apply  to  any
  tax which is administered by the commissioner and which is imposed by or
  authorized to be imposed pursuant to:
    (i) Article ten of this chapter (taxable transfers - residents).
    (ii) Article eleven of this chapter (tax on mortgages).
    (iii)  Article  twelve  of this chapter (tax on transfers of stock and
  other corporate certificates).
    (c) Construction. The provisions of this section shall  supplement  or
  be   in   addition   to   the   procedures  relating  to  collection  or
  administration provided with respect to any tax covered by this section.
  Where a  provision  of  this  section  is  inconsistent  with  any  such
  provision with respect to such tax, the provisions of this section shall
  apply.
    2.  Corporate and personal income taxes. With respect to any tax which
  incorporates or otherwise utilizes the procedures set forth in  part  VI
  of   article   twenty-two  or  article  twenty-seven  of  this  chapter,
  provisions of law which authorize the issuance of a  notice  and  demand
  for  an  amount  without the issuance of a notice of deficiency for such
  amount, including any interest, additions to tax  or  penalties  related
  thereto,  in  cases of mathematical or clerical errors or failure to pay
  tax shown on a  return,  or  authorize  the  issuance  of  a  notice  of
  additional  tax  due,  including  any  interest,  additions  to  tax  or
  penalties related thereto, shall be construed  as  specifically  denying
  and modifying the right to a hearing with respect to any such notice and
  demand  or notice of additional tax due for purposes of subdivision four
  of section two thousand six of this chapter. Any such notice and  demand
  or notice of additional tax due shall not be construed as a notice which
  gives  a  person  the  right  to  a  hearing under article forty of this
  chapter.
    3. Sales and compensating use and miscellaneous taxes. With respect to
  any tax to which this section  applies  and  which  is  not  covered  by
  subdivision two of this section:
    (a)  Final  determination.  The amount of tax which a return or report
  shows to be due, the amount of tax which a return or report  would  have
  shown  to  be  due  but for a mathematical or clerical error (including,
  with respect to a tax payable by the purchase of stamps, the  amount  of
  stamps  purchased)  or  the  amount  of penalty and any interest due for
  failing to file a return or report or to pay or pay over any tax (or  to
  pay  for  any  stamps  purchased)  to  the  commissioner within the time
  required by or pursuant to any such tax  (but  not  including  any  such
  penalty  or  interest  attributable to any amount of tax with respect to
  which a notice of determination is  required  to  be  issued)  shall  be
  deemed  to be finally determined to be due not later than on the date of
  the filing of such return or report (including  any  amended  return  or
  report  showing  an  increase  of  tax or in the case of the purchase of
  stamps, such date of purchase). Such amount of tax, penalty or  interest
  shall  be  paid  upon notice and demand and shall be assessed, collected
  and paid in the manner provided for in each of the several taxes covered
  under  this  subdivision  and  such  notice  and  demand  shall  not  be

considered  as  a  notice  of  determination  for  purposes of the taxes
  covered under this subdivision. If a notice of  determination  has  been
  mailed  with respect to a tax covered under this subdivision, the amount
  of the determination shall be deemed to be finally and irrevocably fixed
  on  the date specified in any such tax if no petition to the division of
  tax appeals is filed, or, if a petition is filed,  then  upon  the  date
  when a determination or decision rendered in the division of tax appeals
  establishing  the  amount  of  the notice of determination becomes final
  pursuant to article forty of this chapter.
    (b) Notice  and  demand.  (1)  The  commissioner  shall,  as  soon  as
  practicable,  give  notice  to each person liable for any amount of tax,
  addition to tax, penalty or interest, which has been finally  determined
  to  be  due or which has been finally and irrevocably fixed, as the case
  may be, but remains unpaid, stating the  amount  and  demanding  payment
  thereof.  Such  notice  shall  be left at the dwelling or usual place of
  business of such person or shall be sent by mail to such  person's  last
  known  address. Except where the commissioner determines that collection
  would be jeopardized by delay and the applicable tax contains provisions
  authorizing a jeopardy procedure, if any tax is finally determined to be
  due or  is  finally  and  irrevocably  fixed  prior  to  the  last  date
  (including  any  date fixed by extension) prescribed for payment of such
  tax, payment of such tax shall not be demanded until after such date. If
  the commissioner finds that the determination, assessment or  collection
  of  tax,  addition  to  tax,  penalty or interest is in jeopardy and the
  applicable tax  contains  provisions  authorizing  procedures  regarding
  early  determination,  the  commissioner  may  immediately determine the
  amount of such tax, addition to tax, penalty or interest (whether before
  or after the due date of any return or report required to show such tax,
  addition to tax, penalty or interest)  and  assess  the  same  and  give
  notice and demand for the payment thereof.
    (2)  If  notice  and  demand  is  made for payment of any amount under
  subparagraph one of this paragraph, and if such amount  is  paid  within
  twenty-one calendar days (ten business days if the amount for which such
  notice  and  demand  is  made  equals  or  exceeds  one hundred thousand
  dollars) after the date of such notice and demand,  interest  under  the
  applicable tax on the amount so paid shall not be imposed for the period
  after the date of such notice and demand.
    (c)  Hearing  rights  upon  notice and demand. Provisions of law which
  authorize the issuance of a notice and demand for an amount without  the
  issuance  of  a  notice  of determination for such amount, including any
  interest  or  penalties  related  thereto,   shall   be   construed   as
  specifically  denying  and modifying the right to a hearing with respect
  to any such notice and  demand  for  purposes  of  subdivision  four  of
  section  two  thousand  six  of this chapter in cases of mathematical or
  clerical errors or failure to pay the tax due shown on the return or for
  any stamps purchased, and any interest or penalties related thereto. Any
  such notice and demand shall not be construed as a notice which gives  a
  person the right to a hearing under article forty of this chapter.