New York Consolidated Law|SECTION 174-B

                                                


§ 174-b. Limitation on the time to collect tax liabilities. 1.
Notwithstanding any provision of law to the contrary and except as
otherwise provided in this section, a tax liability shall not be
enforceable and every tax liability shall be extinguished after twenty
years from the first date a warrant could be filed by the commissioner,
without regard to whether the warrant is filed. The first date a warrant
could be filed means the day after the last day specified for payment by
the notice and demand issued for the tax liability where there is no
right to a hearing with respect to such notice and demand. The first day
a warrant could be filed shall be determined without regard to
subsection (c) of section six hundred ninety or subsection (c) of
section one thousand ninety of this chapter, unless the commissioner
assesses the liability under either such subsection (c). When there is a
right to a hearing with respect to a notice and demand for a tax
liability, the first date a warrant could be filed means the day that
opportunity for a hearing or review has been exhausted.

2. This section shall apply to any tax that is administered by the
commissioner. Any reference to "tax" in this section shall be deemed
also to refer to special assessments, fees, interest, additions to tax,
penalties and other impositions that are administered by the
commissioner.

3. When, before the expiration of the time prescribed in this section
to enforce the collection of tax, both the commissioner and the taxpayer
have consented in writing to its collection after such time, the tax
liability shall not be extinguished and the tax may be collected at any
time prior to the expiration of the period agreed upon. The period so
agreed upon may be extended by any subsequent agreement in writing made
before the expiration of the period previously agreed upon.

4. The provisions of this section shall supplement or be in addition
to the procedures relating to collection or administration provided with
respect to any tax covered by this section. Where a provision of this
section is inconsistent with any such provision with respect to such
tax, the provisions of this section shall apply. For purposes of
subsection (c) of section six hundred ninety-two and subsection (c) of
section one thousand ninety-two of this chapter, if the commissioner
does not file a warrant within six years of assessment, the time
limitations in this section shall not apply and the tax liability is
extinguished. Nothing in this section shall be construed to prevent the
commissioner from accepting any payment for a tax liability made
voluntarily by a taxpayer after the time to collect such liability has
expired and the liability is extinguished. When a warrant is filed, the
commissioner may include a date on that warrant indicating when such
warrant expires and tax liability is extinguished.

5. If a tax liability could have been first warranted before the
effective date of this section, such liability shall not be enforceable
and shall be extinguished after twenty years from the first date the
warrant could have been filed by the commissioner.

View Latest Dockets

4 Files
Filed

Sep 20, 2023

Status

Pre-RJI

Court

Chautauqua County

County

Chautauqua County, NY

Practice Area

Torts

Matter Type

Premises Liability

View More Dockets
Previous Section

Doc thumbnail SECTION 174-A

Next Section

Doc thumbnail SECTION 174-C

View Latest Documents

preview-icon 3 pages

FILED: SUFFOLK COUNTY CLERK 09/26/2017 02:22 PM INDEX NO. 618589/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/26/2017 SUPREME COURT: COUNTY OF SUFFOLK In the matter of the Application of NOTICE OF PETITION & PETITION BOLAR PHARMACEUTICAL CO INC Tax Year: 2014/2015 …

County

Suffolk County, NY

Filed Date

Sep 26, 2017

Category

Real Property - Tax Certiorari

preview-icon 6 pages

FILED: SUFFOLK COUNTY CLERK 10/23/2018 02:46 PM INDEX NO. 611939/2016 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 10/23/2018 File # 40144 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------------------…

Case Filed

Aug 02, 2016

Case Status

Disposed

County

Suffolk County, NY

Filed Date

Oct 23, 2018

Category

Real Property - Tax Certiorari

Judge Hon. John J Leo Trellis Spinner 👉 Discover key insights by exploring more analytics for John J Leo
preview-icon 6 pages

FILED: SUFFOLK COUNTY CLERK 10/23/2018 02:48 PM INDEX NO. 611938/2016 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 10/23/2018 File # 40144 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------------------…

Case Filed

Aug 02, 2016

Case Status

Disposed

County

Suffolk County, NY

Filed Date

Oct 23, 2018

Category

Real Property - Tax Certiorari

Judge Hon. John J Leo Trellis Spinner 👉 Discover key insights by exploring more analytics for John J Leo
preview-icon 6 pages

FILED: SUFFOLK COUNTY CLERK 10/23/2018 02:50 PM INDEX NO. 612977/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 10/23/2018 File # 40144 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------------------…

Case Filed

Jul 09, 2018

Case Status

Disposed

County

Suffolk County, NY

Filed Date

Oct 23, 2018

Category

Real Property - Tax Certiorari

Judge Hon. John J Leo Trellis Spinner 👉 Discover key insights by exploring more analytics for John J Leo
preview-icon 4 pages

FILED: ALBANY COUNTY CLERK 02/08/2024 11:56 AM INDEX NO. 901480-24 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/08/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY Equity Prime Mortgage, LLC, NOTICE OF LIS PENDENS Plaintiff, INDEX NO.: vs. …

County

Albany County, NY

Filed Date

Feb 08, 2024

View More Documents

Please wait a moment while we load this page.

New Envelope