Section 11-1924. Assessment  


Latest version.
  • (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  commissioner
      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 on which it is mailed. If an
      amended return or report filed  pursuant  to  section  11-1922  of  this
      chapter concedes the accuracy of a federal or New York state adjustment,
      change or correction, any deficiency in tax under this chapter 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  11-1925  of  this  subchapter.  If a notice of
      additional tax due, as prescribed in subdivision (e) of section  11-1923
      of  this subchapter, 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 or New York state change or correction or an amended return,
      where such return was required by section 11-1922 of  this  chapter,  is
      filed  accompanied  by  a  statement showing wherein such federal or New
      York 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 withheld at the source or 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  chapter (including interest, additions to tax and
      assessable penalties) is not otherwise provided  for,  the  commissioner
      may establish the same by regulations.
        (d)  Supplemental assessment. The commissioner may, at any time within
      the period prescribed for assessment, make  a  supplemental  assessment,
      subject  to  the  provisions of section 11-1923 of this subchapter 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
      11-1937 of this subchapter.