N.Y. General City Model 772/66 § 130: Assessment

§ 130. Assessment. (a) Assessment date.--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 error, shall be deemed to be

assessed on the date of filing of the return (including any amended

return showing an increase of tax). In the case of a return properly

filed without computation of tax, the tax computed by the director of

finance shall be deemed to be assessed on the date on which payment is

due. If a notice of deficiency has been mailed, the amount of the

deficiency shall be deemed to be assessed on the date specified in

subdivision (b) of section one hundred twenty-nine if no petition to the

director of finance is filed, or if a petition is filed, then upon the

date when a decision of the director of finance establishing the amount

of the deficiency becomes final. If an amended return or report filed

pursuant to section one hundred twenty-seven concedes the accuracy of a

federal adjustment, change or correction, any deficiency in tax under

this title 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 hundred thirty-one. If a report

filed pursuant to section one hundred twenty-seven-A concedes the

accuracy of a state change or correction of sales and compensating use

tax liability, any deficiency in tax under this title resulting

therefrom shall be deemed assessed on the date of filing such report,

and such assessment shall be timely notwithstanding section one hundred

thirty-one. If a notice of additional tax due, as prescribed in

subdivision (e) of section one hundred twenty-nine, has been mailed, the

amount of the deficiency shall be deemed to be assessed on the date

specified in such subdivision unless within thirty days after the

mailing of such notice a report of the federal change or correction or

an amended return, where such return was required by section one hundred

twenty-seven, is filed accompanied by a statement showing where in such

federal determination and such notice of additional tax due are

erroneous. If a notice of additional tax due, as prescribed in

subdivision (h) of section one hundred twenty-nine, has been mailed, the

amount of the deficiency shall be deemed to be assessed on the date

specified in such subdivision unless within thirty days after the

mailing of such notice a report of the state change or correction, or a

copy of an amended return or report, where such copy was required by

section one hundred twenty-seven-A, is filed accompanied by a statement

showing wherein such state determination and such notice of additional

tax due are erroneous. Any amount paid as a tax or in respect of a tax,

other than amounts paid as estimated income 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 this title (including interest, additions to tax and

assessable penalties) is not otherwise provided for, the director of

finance may establish the same by regulations.

(c) Estimated income tax.--No unpaid amount of estimated tax under

section one hundred sixteen shall be assessed.

(d) Supplemental assessment.--The director of finance may, at any time

within the period prescribed for assessment, make a supplemental

assessment, subject to the provisions of section one hundred twenty-nine

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 hundred forty-two.