§ 1093 — Transferees

New York § 1093

• Jurisdiction: New York
• Law TAX: Tax
• Art. 27: Corporate Tax Procedure and Administration

Text

§ 1093. Transferees.---(a) General.---The liability, at law or in\nequity, of a transferee of property of a taxpayer for any tax, additions\nto tax, penalty or interest due the tax commission under this article or\nunder article nine, nine-a, nine-b or nine-c, shall be assessed, paid,\nand collected in the same manner and subject to the same provisions and\nlimitations as in the case of the tax to which the liability relates,\nexcept that the period of limitations for assessment against the\ntransferee shall be extended by one year for each successive transfer,\nin order, from the original taxpayer to the transferee involved, but not\nby more than three years in the aggregate. The term transferee\nincludes, in case of successive transfers, donee, heir, legatee,\ndevisee, distributee, and successor by merger, consolidation or other\nreorganization.\n (b) Exceptions.---\n (1) If before the expiration of the period of limitations for\nassessment of liability of the transferee, a claim has been filed by the\ntax commission in any court against the original taxpayer or the last\npreceding transferee based upon the liability of the original taxpayer,\nthen the period of limitation for assessment of liability of the\ntransferee shall in no event expire prior to one year after such claim\nhas been finally allowed, disallowed or otherwise disposed of.\n (2) If, before the expiration of the time prescribed in subsection (a)\nor the immediately preceding paragraph of this subsection for the\nassessment of the liability, the tax commission and the transferee have\nboth consented in writing to its assessment after such time, the\nliability may be assessed at any time prior to the expiration of the\nperiod agreed upon. The period so agreed upon may be extended by\nsubsequent agreements in writing made before the expiration of the\nperiod previously agreed upon. For the purpose of determining the period\nof limitation on credit or refund to the transferee of overpayments of\ntax made by such transferee or overpayments of tax made by the\ntransferor as to which the transferee is legally entitled to credit or\nrefund, such agreement and any extension thereof shall be deemed an\nagreement and extension thereof referred to in subsection (b) of section\none thousand eighty-seven. If the agreement is executed after the\nexpiration of the period of limitation for assessment against the\noriginal taxpayer, then in applying the limitations under subsection (b)\nof section one thousand eighty-seven on the amount of the credit or\nrefund, the periods specified in subsection (a) of section one thousand\neighty-seven shall be increased by the period from the date of such\nexpiration to the date of the agreement.\n (c) Period for assessment against certain transferors.---For purposes\nof this section, if any person is deceased, or is a corporation which\nhas terminated its existence, the period of limitation for assessment\nagainst such person or corporation shall be the period that would be in\neffect had death or termination of existence not occurred.\n (d) Evidence.---The tax commission shall use its powers to make\navailable to the transferee evidence necessary to enable the transferee\nto determine the liability of the original taxpayer and of any preceding\ntransferees, but without undue hardship to the original taxpayer or\npreceding transferee. See subsection (e) of section one thousand\neighty-nine for rule as to burden of proof.\n