§ 1083. Limitations on assessment.--- (a) General.--- Except as
otherwise provided in this section, any tax under article nine, nine-a,
nine-b or nine-c shall be assessed within three years after the return
was filed (whether or not such return was filed on or after the date
prescribed).

(b) Time return deemed filed.---For purposes of this section, a return
of tax filed before the last day prescribed by law or by regulations
promulgated pursuant to law for the filing thereof shall be deemed to be
filed on such last day.

(c) Exceptions.---

(1) Assessment at any time.---The tax may be assessed at any time
if---

(A) no return is filed,

(B) a false or fraudulent return is filed with intent to evade tax,

(C) in the case of the tax imposed under article nine-a, nine-b or
nine-c, the taxpayer fails to file a report or amended return required
under subdivision three of section two hundred eleven or section two
hundred nineteen-bb or two hundred nineteen-zz, in respect of an
increase or decrease in federal taxable income or federal alternative
minimum taxable income or federal tax, or in respect of a change or
correction or renegotiation, or computation or recomputation of tax,
which is treated in the same manner as if it were a deficiency for
federal income tax purposes, or

(D) it is assessed in respect of a final determination of a refund or
credit of retaliatory taxes or other charges as prescribed by paragraphs
(1) and (2) of subsection (i) of section one thousand eighty-one. For
any such assessment, the amount of the assessment of tax shall not
exceed the amount of the increase in New York tax attributable to such
refund or credit. The provisions of this subparagraph shall not extend
the time within which or affect the amount for which an assessment may
otherwise be made.

(2) Extension by agreement.---Where, before the expiration of the time
prescribed in this section for the assessment of tax, both the tax
commission and the taxpayer have consented in writing to its assessment
after such time, the tax may be assessed at any time prior to the
expiration of the period agreed upon. The period so agreed upon may be
extended by subsequent agreements in writing made before the expiration
of the period previously agreed upon.

(3) Report of changed or corrected federal income.---In the case of
the tax imposed under article nine-a, nine-b or nine-c, if the taxpayer
files a report or amended return required under subdivision three of
section two hundred eleven or section two hundred nineteen-bb or two
hundred nineteen-zz, in respect of an increase or decrease in federal
taxable income or federal alternative minimum taxable income or federal
tax, or in respect of a change or correction or renegotiation, or
computation or recomputation of tax, which is treated in the same manner
as if it were a deficiency for federal income tax purposes, the
assessment (if not deemed to have been made upon the filing of the
report or amended return) may be made at any time within two years after
such report or amended return was filed. The amount of such assessment
of tax shall not exceed the amount of the increase in New York tax
attributable to such federal change or correction or renegotiation, or
computation or recomputation of tax. The provisions of this paragraph
shall not affect the time within which or the amount for which an
assessment may otherwise be made.

(4) Deficiency attributable to carryback.---If a deficiency of tax
under article nine-a is attributable to the application to the taxpayer
of a net operating loss carryback or a capital loss carryback, it may be
assessed at any time that a deficiency for the taxable year of the loss
may be assessed.

(5) Recovery of erroneous refund.---An erroneous refund shall be
considered an underpayment of tax on the date made, and an assessment of
a deficiency arising out of an erroneous refund may be made at any time
within two years from the making of the refund, except that the
assessment may be made within five years from the making of the refund
if it appears that any part of the refund was induced by fraud or
misrepresentation of a material fact.

(6) Request for prompt assessment.---The tax shall be assessed within
eighteen months after written request therefor (made after the return is
filed) by the taxpayer or by a fiduciary representing the taxpayer, but
not more than three years after the return was filed, except as
otherwise provided in this subsection and subsection (d). This
subsection shall not apply unless---

(A) (i) such written request notifies the tax commission that the
taxpayer contemplates dissolution at or before the expiration of such
eighteen-month period, (ii) the dissolution is in good faith begun
before the expiration of such eighteen-month period, and (iii) the
dissolution is completed;

(B) (i) such written request notifies the tax commission that a
dissolution has in good faith been begun, and (ii) the dissolution is
completed; or

(C) a dissolution has been completed at the time such written request
is made.

(7) Change of the allocation of taxpayer's income or capital.---No
change of the allocation of income or capital upon which the taxpayer's
return (or any additional assessment) was based shall be made where an
assessment of tax is made during the additional period of limitation
under subparagraph (C) of paragraph (1), or under paragraph (3) or (4);
and where any such assessment has been made, or where a notice of
deficiency has been mailed to the taxpayer on the basis of any such
proposed assessment, no change of the allocation of income or capital
shall be made in a proceeding on the taxpayer's claim for refund of such
assessment or on the taxpayer's petition for redetermination of such
deficiency.

(8) Report concerning waste treatment facility, air pollution control
facility or eligible business facility. Under the circumstances
described in subparagraph (3) of paragraph (g) of subdivision nine of
section two hundred eight, paragraph (f) of subdivision eleven of
section two hundred ten or paragraph (f) of subdivision eleven of
section two hundred nineteen-q of this chapter, the tax may be assessed
within three years after the filing of the report containing the
information required by such paragraph, or, if a certificate of
compliance in respect to an air pollution control facility shall be
revoked, within three years after the tax commission shall receive
notice of such revocation from the taxpayer or as required by
subdivision three of section 19-0309 of the environmental conservation
law, whichever notice is received earlier.

(9) Reports concerning empire zone credits. If a taxpayer's
certification under article eighteen-B of the general municipal law is
revoked with respect to an empire zone or zone equivalent area, any tax
liability generated by reason of such decertification may be assessed
within three years after the commissioner has received notice of such
decertification as required by subdivision (a) of section nine hundred
fifty-nine of the general municipal law.

(10) Reports concerning a certificate of completion. If a taxpayer's
certificate of completion issued pursuant to section 27-1419 of the
environmental conservation law is revoked by a determination issued
pursuant to section 27-1419 of the environmental conservation law, any
tax liability generated by reason of such revocation may be assessed
within one year after such determination is final and is no longer
subject to judicial review.

* (11) Extended statute of limitations for tax avoidance
transactions.--(A) If a taxpayer fails to file, disclose or provide any
statement, return or other information for any taxable year with respect
to a listed transaction (as defined in paragraph three of subsection (p)
of section one thousand eighty-five of this article) which is required
under subdivision (a) of section twenty-five of this chapter, the time
for assessment of any tax imposed by this article with respect to such
transaction shall not expire before the date which is one year after the
earlier of:

(i) the date on which the commissioner is furnished the statement,
return, or information so required, or

(ii) the date that the requirements of subdivision (c) of section
twenty-five of this chapter are met with respect to a request under such
subdivision by the commissioner relating to such transaction.

(B) If later than the time for assessment otherwise provided by this
section, tax may be assessed at any time within six years after the
return was filed if the deficiency is attributable to an abusive tax
avoidance transaction.

(C) For purposes of subparagraph (B) of this paragraph, an "abusive
tax avoidance transaction" means a plan or arrangement devised for the
principal purpose of avoiding tax. Abusive tax avoidance transactions
include, but are not limited to, listed transactions described in
paragraph five of subsection (k-1) of section one thousand eighty-five
of this article.

* NB Repealed July 1, 2024

(12) Except as otherwise provided in paragraph three of this
subsection, or as otherwise provided in this section where a longer
period of time may apply, if a taxpayer files an amended return, an
assessment of tax (if not deemed to have been made upon the filing of
the amended return), including recovery of a previously paid refund,
attributable to a change or correction on the amended return from a
prior return may be made at any time within one year after such amended
return is filed.

(d) Omission of income on return.---The tax may be assessed at any
time within six years after the return was filed if (i) a taxpayer omits
from gross income required to be reported on a return under article
nine, nine-a, nine-b or nine-c an amount properly includible therein
which is in excess of twenty-five percent of the amount of gross income
stated in the return or, (ii) a taxpayer omits from the sum of its items
of tax preference and its adjustment required in the computation of
minimum taxable income an amount properly includible therein which is in
excess of twenty-five percent of such sum as stated in the return.

For purposes of this subsection---

(1) the term gross income means gross income for federal income tax
purposes as reportable on a return under article nine-a, and "gross
earnings", "gross income", "gross operating income" and "gross direct
premiums less return premiums", as those terms are used in article nine,
nine-b or nine-c, whichever is applicable;

(2) there shall not be taken into account any amount which is omitted
in the return if such amount is disclosed in the return, or in a
statement attached to the return, in a manner adequate to apprise the
tax commission of the nature and amount of such item.

(e) Suspension of running of period of limitation.---The running of
the period of limitations on assessment or collection of tax or other
amount (or of a transferee's liability) shall, after the mailing of a
notice of deficiency, be suspended for the period during which the tax
commission is prohibited under subsection (c) of section one thousand
eighty-one from making the assessment or from collecting by levy.