§ 683 — Limitations on assessment

New York § 683

• Jurisdiction: New York
• Law TAX: Tax
• Part 6: Procedure and Administration
• Art. 22: Personal Income Tax

Text

§ 683. Limitations on assessment.--(a) General.--Except as otherwise\nprovided in this section, any tax under this article shall be assessed\nwithin three years after the return was filed (whether or not such\nreturn was filed on or after the date prescribed).\n (b) Time return deemed filed.--\n (1) Early return.--For purposes of this section a return of income\ntax, except withholding tax, filed before the last day prescribed by law\nor by regulations promulgated pursuant to law for the filing thereof,\nshall be deemed to be filed on such last day.\n (2) Return of withholding tax.--For purposes of this section, if a\nreturn of withholding tax for any period ending with or within a\ncalendar year is filed before April fifteenth of the succeeding calendar\nyear, such return shall be deemed to be filed on April fifteenth of such\nsucceeding calendar year.\n (c) Exceptions.--\n (1) Assessment at any time.--The tax may be assessed at any time if--\n (A) no return is filed,\n (B) a false or fraudulent return is filed with intent to evade tax, or\n (C) the taxpayer or employer fails to comply with section six hundred\nfifty-nine or six hundred fifty-nine-a.\n (2) Extension by agreement.--Where, before the expiration of the time\nprescribed in this section for the assessment of tax, both the\ncommissioner and the taxpayer have consented in writing to its\nassessment after such time, the tax may be assessed at any time prior to\nthe expiration of the period agreed upon. The period so agreed upon may\nbe extended by subsequent agreements in writing made before the\nexpiration of the period previously agreed upon.\n (3) Report of federal changes, corrections or disallowances.--If the\ntaxpayer or employer complies with section six hundred fifty-nine or six\nhundred fifty-nine-a, the assessment (if not deemed to have been made\nupon the filing of the report or amended return) may be made at any time\nwithin two years after such report or amended return was filed. The\namount of such assessment of tax shall not exceed the amount of the\nincrease in New York tax attributable to such federal change or\ncorrection. The provisions of this paragraph shall not affect the time\nwithin which or the amount for which an assessment may otherwise be\nmade.\n (4) Deficiency attributable to net operating loss carryback.--If a\ndeficiency is attributable to the application to the taxpayer of a net\noperating loss carryback, it may be assessed at any time that a\ndeficiency for the taxable year of the loss may be assessed.\n (5) Recovery of erroneous refund.--An erroneous refund shall be\nconsidered an underpayment of tax on the date made, and an assessment of\na deficiency arising out of an erroneous refund may be made at any time\nwithin two years from the making of the refund, except that the\nassessment may be made within five years from the making of the refund\nif it appears that any part of the refund was induced by fraud or\nmisrepresentation of a material fact.\n (6) Request for prompt assessment.--If a return is required for a\ndecedent or for his estate during the period of administration, the tax\nshall be asseessed within eighteen months after written request therefor\n(made after the return is filed) by the executor, administrator or other\nperson representing the estate of such decedent, but not more than three\nyears after the return was filed, except as otherwise provided in this\nsubsection and subsection (d).\n (7) Report on use of certain property.--Under the circumstances\ndescribed in paragraph two of subsection (g) of section six hundred\ntwelve, the tax may be assessed within three years after the filing of a\nreturn reporting that property has been used for purposes other than\nresearch and development to a greater extent than originally reported.\n (8) Report concerning waste treatment facility, air pollution control\nfacility or eligible business facility. Under the circumstances\ndescribed in paragraph (3) of subsection (h) of section six hundred\ntwelve or in paragraph four of subsection (c) of section seven hundred\none, the tax may be assessed within three years after the filing of the\nreturn containing the information required by such paragraph, or, if a\ncertificate of compliance in respect to an air pollution control\nfacility shall be revoked, within three years after the tax commission\nshall receive notice of such revocation from the taxpayer or as required\nby subdivision three of section 19-0309 of the environmental\nconservation law, whichever notice is received earlier.\n (9) Reports concerning empire zone credits. If a taxpayer's\ncertification under article eighteen-B of the general municipal law is\nrevoked with respect to an empire zone or zone equivalent area, any tax\nliability generated by reason of such decertification may be assessed\nwithin three years after the commissioner has received notice of such\ndecertification as required by subdivision (a) of section nine hundred\nfifty-nine of the general municipal law.\n (10) Reports concerning a certificate of completion. If a taxpayer's\ncertificate of completion issued pursuant to section 27-1419 of the\nenvironmental conservation law is revoked by a determination issued\npursuant to section 27-1419 of the environmental conservation law, any\ntax liability generated by reason of such revocation may be assessed\nwithin one year after such determination is final and is no longer\nsubject to judicial review.\n * (11) Extended statute of limitations for tax avoidance transactions.\n(A) If a taxpayer or person fails to file, disclose or provide any\nstatement, return or other information for any taxable year with respect\nto a listed transaction, as defined in paragraph three of subsection (x)\nof section six hundred eighty-five of this article, which is required\nunder subdivision (a) of section twenty-five of this chapter, the time\nfor assessment of any tax imposed by this article with respect to such\ntransaction shall not expire before the date which is one year after the\nearlier of:\n (i) the date on which the commissioner is furnished the statement,\nreturn, or information so required, or\n (ii) the date that the requirements of subdivision (c) of section\ntwenty-five of this chapter are met with respect to a request under such\nsubdivision by the commissioner relating to such transaction.\n (B) If later than the time for assessment otherwise provided by this\nsection, tax may be assessed at any time within six years after the\nreturn was filed if the deficiency is attributable to an abusive tax\navoidance transaction.\n (C) For purposes of subparagraph (B) of this paragraph, an "abusive\ntax avoidance transaction" means a plan or arrangement devised for the\nprincipal purpose of avoiding tax. Abusive tax avoidance transactions\ninclude, but are not limited to, listed transactions described in\nparagraph five of subsection (p-1) of section six hundred eighty-five of\nthis article.\n * NB Repealed July 1, 2029\n (12) Except as otherwise provided in paragraph three of this\nsubsection, or as otherwise provided in this section where a longer\nperiod of time may apply, if a taxpayer files an amended return, an\nassessment of tax (if not deemed to have been made upon the filing of\nthe amended return), including recovery of a previously paid refund,\nattributable to a change or correction on the amended return from a\nprior return may be made at any time within one year after such amended\nreturn is filed.\n (d) Omission of income, total taxable amount or ordinary income\nportion of a lump sum distribution on return.--The tax may be assessed\nat any time within six years after the return was filed if--\n (1) an individual omits from his New York adjusted gross income, or\nthe total taxable amount or ordinary income portion of a lump sum\ndistribution an amount properly includible therein which is in excess of\ntwenty-five percent of the amount of New York adjusted gross income, or\nthe total taxable amount or ordinary income portion of a lump sum\ndistribution stated in the return, or\n (2) an estate or trust omits from its New York adjusted gross income,\nor the total taxable amount or ordinary income portion of a lump sum\ndistribution an amount properly includible therein which is in excess of\ntwenty-five percent of the amount stated in the return of New York\nadjusted gross income determined in accordance with paragraph four of\nsubsection (e) of section six hundred one, or the total taxable amount\nor ordinary income portion of a lump sum distribution, respectively. For\npurposes of this subsection there shall not be taken into account any\namount which is omitted in the return if such amount is disclosed in the\nreturn, or in a statement attached to the return, in a manner adequate\nto apprise the commissioner of the nature and amount of the item of\nincome, total taxable amount or ordinary income portion of a lump sum\ndistribution.\n (e) Suspension of running of period of limitation.--The running of the\nperiod of limitations on assessment or collection of tax or other amount\n(or of a transferee's liability) shall, after the mailing of a notice of\ndeficiency, be suspended for the period during which the tax commission\nis prohibited under subsection (c) of section six hundred eighty-one\nfrom making the assessment or from collecting by levy.\n