N.Y. General City Model 772/66 § 73: Assessment

§ 73. Assessment. 1. 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). 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 two of section seventy-two 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 a report or

an amended return filed pursuant to part two or part three of this title

concedes the accuracy of a federal adjustment or change or correction or

renegotiation, or computation or recomputation of tax, any deficiency in

tax under part two or part three of 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

seventy-four. If a report filed pursuant to part two of this title

concedes the accuracy of a state change or correction of sales and

compensating use tax liability, any deficiency in tax under part two of

this title resulting therefrom shall be deemed assessed on the date of

filing such report, and such assessment shall be timely notwithstanding

section seventy-four. If a notice of additional tax due, as prescribed

in subdivision five of section seventy-two, 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 adjustment or change or correction or

renegotiation or computation or recomputation of tax, or an amended

return, where such return was required by part two or part three of this

title, is filed accompanied by a statement showing wherein such federal

determination and such notice of additional tax due are erroneous. If a

notice of additional tax due, as prescribed in subdivision nine of

section seventy-two, 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 part two of this title, 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 tax,

shall be deemed to be assessed upon the date of receipt of payment

notwithstanding any other provisions.

2. Other assessment powers.--If the mode or time for the assessment of

any tax under the named parts (including interest, additions to tax and

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

finance may establish the same by regulations.

3. Estimated tax.--No unpaid amount of estimated tax under part two or

part three shall be assessed.

4. Supplemental assessment.--The director of finance may, at any time

within the period described for assessment, make a supplemental

assessment, subject to the provisions of section seventy-two where

applicable, whenever it is ascertained that any assessment is imperfect

or incomplete in any material respect.

5. Cross reference.--For assessment in case of jeopardy, see section

eighty-five.