State Codes and Statutes

Statutes > New-york > Tax > Article-27 > 1082

§  1082.  Assessment.---(a)  Assessment date.--- (1) The amount of tax  which a return shows to be due, or the amount  of  tax  which  a  return  would  have  shown  to  be due but for a mathematical or clerical error,  shall be deemed to be assessed on the  date  of  filing  of  the  return  (including  any  amended return showing an increase of tax). If a notice  of deficiency has been mailed, the amount of  the  deficiency  shall  be  deemed to be assessed on the date specified in subsection (b) of section  one thousand eighty-one 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 deficiency becomes final.    (2)  If  a  report  or an amended return filed pursuant to subdivision  three of section two hundred eleven or section two  hundred  nineteen-bb  or  two hundred nineteen-zz concedes the accuracy of a federal change or  correction or renegotiation, or computation or recomputation of tax, any  deficiency in tax under  article  nine-a,  nine-b  or  nine-c  resulting  therefrom  shall  be  deemed  to  be assessed on the date of filing such  report  or  amended  return,  and  such  assessment  shall   be   timely  notwithstanding  section  one  thousand  eighty-three.  If  a  notice of  additional tax due, as prescribed  in  subsection  (e)  of  section  one  thousand eighty-one, has been mailed, the amount of the deficiency shall  be deemed to be assessed on the date specified in such subsection unless  within  thirty  days  after  the  mailing of such notice a report of the  federal  change  or  correction  or  renegotiation  or  computation   or  recomputation  of  tax,  or  an  amended  return,  where such return was  required by subdivision three  of  section  two  hundred  eleven  or  by  section  two  hundred nineteen-bb or by section two hundred nineteen-zz,  is filed  accompanied  by  a  statement  showing  wherein  such  federal  determination and such notice of additional tax due are erroneous.    (3)  If  the taxpayer files the report required under paragraph (2) of  subdivision (e) of section  fifteen  hundred  fifteen  of  this  chapter  within  the  time  prescribed  by  such paragraph, in respect of a final  determination of a refund  or  credit  of  retaliatory  taxes  or  other  charges,  the  amount  of  the refund or credit of such taxes or charges  paid for which the taxpayer  has  been  allowed  a  credit  pursuant  to  subdivision (c) of section fifteen hundred eleven of this chapter and in  respect to which the taxpayer filed such report shall be deemed assessed  on  the date of filing such report; if the taxpayer fails to file such a  required report within the time prescribed, such amount shall be  deemed  assessed  on  the last date prescribed for filing of such report; either  such assessment shall be timely  notwithstanding  section  one  thousand  eighty-three.    (4)  Any  amount  paid  as  a  tax  or in respect of a tax, other than  amounts paid as estimated tax, shall be deemed to be assessed  upon  the  date of receipt of payment, notwithstanding any other provisions.    (b)  Other assessment powers.---If the mode or time for the assessment  of any tax under article  nine,  nine-a,  nine-b  or  nine-c  (including  interest,  additions  to  tax and assessable penalties) is not otherwise  provided for, the tax commission may establish the same by regulations.    (c) Estimated tax.---No unpaid amount of estimated tax  under  article  nine-a, nine-b or nine-c shall be assessed.    (d)  Supplemental  assessment.---  The tax commission may, at any time  within  the  period  prescribed  for  assessment,  make  a  supplemental  assessment, subject to the provisions of section one thousand eighty-one  where  applicable,  whenever  it  is  ascertained that any assessment is  imperfect or incomplete in any material respect.    (e) Cross reference.---  For  assessment  in  case  of  jeopardy,  see  section one thousand ninety-four.

State Codes and Statutes

Statutes > New-york > Tax > Article-27 > 1082

§  1082.  Assessment.---(a)  Assessment date.--- (1) The amount of tax  which a return shows to be due, or the amount  of  tax  which  a  return  would  have  shown  to  be due but for a mathematical or clerical error,  shall be deemed to be assessed on the  date  of  filing  of  the  return  (including  any  amended return showing an increase of tax). If a notice  of deficiency has been mailed, the amount of  the  deficiency  shall  be  deemed to be assessed on the date specified in subsection (b) of section  one thousand eighty-one 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 deficiency becomes final.    (2)  If  a  report  or an amended return filed pursuant to subdivision  three of section two hundred eleven or section two  hundred  nineteen-bb  or  two hundred nineteen-zz concedes the accuracy of a federal change or  correction or renegotiation, or computation or recomputation of tax, any  deficiency in tax under  article  nine-a,  nine-b  or  nine-c  resulting  therefrom  shall  be  deemed  to  be assessed on the date of filing such  report  or  amended  return,  and  such  assessment  shall   be   timely  notwithstanding  section  one  thousand  eighty-three.  If  a  notice of  additional tax due, as prescribed  in  subsection  (e)  of  section  one  thousand eighty-one, has been mailed, the amount of the deficiency shall  be deemed to be assessed on the date specified in such subsection unless  within  thirty  days  after  the  mailing of such notice a report of the  federal  change  or  correction  or  renegotiation  or  computation   or  recomputation  of  tax,  or  an  amended  return,  where such return was  required by subdivision three  of  section  two  hundred  eleven  or  by  section  two  hundred nineteen-bb or by section two hundred nineteen-zz,  is filed  accompanied  by  a  statement  showing  wherein  such  federal  determination and such notice of additional tax due are erroneous.    (3)  If  the taxpayer files the report required under paragraph (2) of  subdivision (e) of section  fifteen  hundred  fifteen  of  this  chapter  within  the  time  prescribed  by  such paragraph, in respect of a final  determination of a refund  or  credit  of  retaliatory  taxes  or  other  charges,  the  amount  of  the refund or credit of such taxes or charges  paid for which the taxpayer  has  been  allowed  a  credit  pursuant  to  subdivision (c) of section fifteen hundred eleven of this chapter and in  respect to which the taxpayer filed such report shall be deemed assessed  on  the date of filing such report; if the taxpayer fails to file such a  required report within the time prescribed, such amount shall be  deemed  assessed  on  the last date prescribed for filing of such report; either  such assessment shall be timely  notwithstanding  section  one  thousand  eighty-three.    (4)  Any  amount  paid  as  a  tax  or in respect of a tax, other than  amounts paid as estimated tax, shall be deemed to be assessed  upon  the  date of receipt of payment, notwithstanding any other provisions.    (b)  Other assessment powers.---If the mode or time for the assessment  of any tax under article  nine,  nine-a,  nine-b  or  nine-c  (including  interest,  additions  to  tax and assessable penalties) is not otherwise  provided for, the tax commission may establish the same by regulations.    (c) Estimated tax.---No unpaid amount of estimated tax  under  article  nine-a, nine-b or nine-c shall be assessed.    (d)  Supplemental  assessment.---  The tax commission may, at any time  within  the  period  prescribed  for  assessment,  make  a  supplemental  assessment, subject to the provisions of section one thousand eighty-one  where  applicable,  whenever  it  is  ascertained that any assessment is  imperfect or incomplete in any material respect.    (e) Cross reference.---  For  assessment  in  case  of  jeopardy,  see  section one thousand ninety-four.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Tax > Article-27 > 1082

§  1082.  Assessment.---(a)  Assessment date.--- (1) The amount of tax  which a return shows to be due, or the amount  of  tax  which  a  return  would  have  shown  to  be due but for a mathematical or clerical error,  shall be deemed to be assessed on the  date  of  filing  of  the  return  (including  any  amended return showing an increase of tax). If a notice  of deficiency has been mailed, the amount of  the  deficiency  shall  be  deemed to be assessed on the date specified in subsection (b) of section  one thousand eighty-one 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 deficiency becomes final.    (2)  If  a  report  or an amended return filed pursuant to subdivision  three of section two hundred eleven or section two  hundred  nineteen-bb  or  two hundred nineteen-zz concedes the accuracy of a federal change or  correction or renegotiation, or computation or recomputation of tax, any  deficiency in tax under  article  nine-a,  nine-b  or  nine-c  resulting  therefrom  shall  be  deemed  to  be assessed on the date of filing such  report  or  amended  return,  and  such  assessment  shall   be   timely  notwithstanding  section  one  thousand  eighty-three.  If  a  notice of  additional tax due, as prescribed  in  subsection  (e)  of  section  one  thousand eighty-one, has been mailed, the amount of the deficiency shall  be deemed to be assessed on the date specified in such subsection unless  within  thirty  days  after  the  mailing of such notice a report of the  federal  change  or  correction  or  renegotiation  or  computation   or  recomputation  of  tax,  or  an  amended  return,  where such return was  required by subdivision three  of  section  two  hundred  eleven  or  by  section  two  hundred nineteen-bb or by section two hundred nineteen-zz,  is filed  accompanied  by  a  statement  showing  wherein  such  federal  determination and such notice of additional tax due are erroneous.    (3)  If  the taxpayer files the report required under paragraph (2) of  subdivision (e) of section  fifteen  hundred  fifteen  of  this  chapter  within  the  time  prescribed  by  such paragraph, in respect of a final  determination of a refund  or  credit  of  retaliatory  taxes  or  other  charges,  the  amount  of  the refund or credit of such taxes or charges  paid for which the taxpayer  has  been  allowed  a  credit  pursuant  to  subdivision (c) of section fifteen hundred eleven of this chapter and in  respect to which the taxpayer filed such report shall be deemed assessed  on  the date of filing such report; if the taxpayer fails to file such a  required report within the time prescribed, such amount shall be  deemed  assessed  on  the last date prescribed for filing of such report; either  such assessment shall be timely  notwithstanding  section  one  thousand  eighty-three.    (4)  Any  amount  paid  as  a  tax  or in respect of a tax, other than  amounts paid as estimated tax, shall be deemed to be assessed  upon  the  date of receipt of payment, notwithstanding any other provisions.    (b)  Other assessment powers.---If the mode or time for the assessment  of any tax under article  nine,  nine-a,  nine-b  or  nine-c  (including  interest,  additions  to  tax and assessable penalties) is not otherwise  provided for, the tax commission may establish the same by regulations.    (c) Estimated tax.---No unpaid amount of estimated tax  under  article  nine-a, nine-b or nine-c shall be assessed.    (d)  Supplemental  assessment.---  The tax commission may, at any time  within  the  period  prescribed  for  assessment,  make  a  supplemental  assessment, subject to the provisions of section one thousand eighty-one  where  applicable,  whenever  it  is  ascertained that any assessment is  imperfect or incomplete in any material respect.    (e) Cross reference.---  For  assessment  in  case  of  jeopardy,  see  section one thousand ninety-four.