2022 New York Laws
TAX - Tax
Article 27 - Corporate Tax Procedure and Administration
1093 - Transferees.

§  1093.  Transferees.---(a)  General.---The  liability,  at law or in
equity, of a transferee of property of a taxpayer for any tax, additions
to tax, penalty or interest due the tax commission under this article or
under article nine, nine-a, nine-b or nine-c, shall be  assessed,  paid,
and  collected in the same manner and subject to the same provisions and
limitations as in the case of the tax to which  the  liability  relates,
except  that  the  period  of  limitations  for  assessment  against the
transferee shall be extended by one year for each  successive  transfer,
in order, from the original taxpayer to the transferee involved, but not
by  more  than  three  years  in  the  aggregate.    The term transferee
includes,  in  case  of  successive  transfers,  donee,  heir,  legatee,
devisee,  distributee,  and  successor by merger, consolidation or other
reorganization.
  (b) Exceptions.---
  (1) If  before  the  expiration  of  the  period  of  limitations  for
assessment of liability of the transferee, a claim has been filed by the
tax  commission  in  any court against the original taxpayer or the last
preceding transferee based upon the liability of the original  taxpayer,
then  the  period  of  limitation  for  assessment  of  liability of the
transferee shall in no event expire prior to one year after  such  claim
has been finally allowed, disallowed or otherwise disposed of.
  (2) If, before the expiration of the time prescribed in subsection (a)
or  the  immediately  preceding  paragraph  of  this  subsection for the
assessment of the liability, the tax commission and the transferee  have
both  consented  in  writing  to  its  assessment  after  such time, the
liability 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. For the purpose of determining the period
of  limitation  on credit or refund to the transferee of overpayments of
tax made  by  such  transferee  or  overpayments  of  tax  made  by  the
transferor  as  to which the transferee is legally entitled to credit or
refund, such agreement and any extension  thereof  shall  be  deemed  an
agreement and extension thereof referred to in subsection (b) of section
one  thousand  eighty-seven.  If  the  agreement  is  executed after the
expiration of the  period  of  limitation  for  assessment  against  the
original taxpayer, then in applying the limitations under subsection (b)
of  section  one  thousand  eighty-seven  on the amount of the credit or
refund, the periods specified in subsection (a) of section one  thousand
eighty-seven  shall  be  increased  by  the period from the date of such
expiration to the date of the agreement.
  (c) Period for assessment against certain transferors.---For  purposes
of  this  section,  if any person is deceased, or is a corporation which
has terminated its existence, the period of  limitation  for  assessment
against  such person or corporation shall be the period that would be in
effect had death or termination of existence not occurred.
  (d) Evidence.---The tax  commission  shall  use  its  powers  to  make
available  to the transferee evidence necessary to enable the transferee
to determine the liability of the original taxpayer and of any preceding
transferees, but without undue hardship  to  the  original  taxpayer  or
preceding  transferee.    See  subsection  (e)  of  section one thousand
eighty-nine for rule as to burden of proof.