Section 11-2116. Notices and limitations of time  


Latest version.
  • a. Any notice authorized or
      required  under  the  provisions of this chapter may be given by mailing
      the same to the person for whom it is intended in  a  postpaid  envelope
      addressed  to  such person at the address given in the last return filed
      by him or her  pursuant  to  the  provisions  of  this  chapter  in  any
      application  made  by  him or her, or in any deed or instrument which is
      the subject  of  the  notice,  or,  if  no  return  has  been  filed  or
      application  made  or  address stated in the deed or instrument, then to
      such address as may be obtainable. The mailing of such notice  shall  be
      presumptive  evidence  of  the receipt of the same by the person to whom
      addressed. Any period of time  which  is  determined  according  to  the
      provisions of this chapter by the giving of notice shall commence to run
      from the date of mailing of such notice.
        b. The provisions of the civil practice law and rules or any other law
      relative  to  limitations  of time for the enforcement of a civil remedy
      shall not apply to any proceeding or action taken by the city  to  levy,
      appraise,  assess,  determine  or  enforce  the collection of any tax or
      penalty provided by this chapter. However,  except  in  the  case  of  a
      wilfully  false  or  fraudulent  return with intent to evade the tax, no
      assessment of additional tax shall be made after the expiration of  more
      than  three  years  from  the  date of the filing of a return; provided,
      however, that where no return has been filed as provided by law the  tax
      may be assessed at any time.
        c.  Where,  before  the expiration of the period prescribed herein for
      the assessment of an additional tax, a taxpayer has consented in writing
      that such period be extended, the amount of such additional tax due  may
      be  determined  at  any  time within such extended period. The period so
      extended may be further extended by subsequent consents in writing  made
      before the expiration of the extended period.
        d.  Except  as  otherwise provided in this subdivision, if any return,
      claim, statement, notice, application, or other document required to  be
      filed, or any payment required to be made, within a prescribed period or
      on  or before a prescribed date under authority of any provision of this
      chapter is, after such period or such date, delivered by  United  States
      mail  to  the commissioner of finance, the tax appeals tribunal, bureau,
      office, officer or person with which  or  with  whom  such  document  is
      required to be filed, or to which or to whom such payment is required to
      be  made, the date of the United States postmark stamped on the envelope
      shall be deemed to be the date of delivery. This subdivision shall apply
      only if the postmark date falls within the prescribed period  or  on  or
      before  the  prescribed  date  for  the  filing of such document, or for
      making the payment, including any extension granted for such  filing  or
      payment, and only if such document or payment was deposited in the mail,
      postage  prepaid, properly addressed to the commissioner of finance, the
      tax appeals tribunal, bureau, office, officer or person  with  which  or
      with  whom  the  document is required to be filed or to which or to whom
      such payment is required to be made. If any document is sent  by  United
      States  registered mail, such registration shall be prima facie evidence
      that such document was delivered to the commissioner of finance, the tax
      appeals tribunal, bureau, office, officer or person to which or to  whom
      addressed,  and  the  date  of registration shall be deemed the postmark
      date. The commissioner of finance and, where relevant, the  tax  appeals
      tribunal are authorized to provide by regulation the extent to which the
      provisions  of  the  preceding  sentence  with  respect  to  prima facie
      evidence of delivery and the postmark  date  shall  apply  to  certified
      mail.  Except  as  provided  in  subdivision  f  of  this  section, this
      subdivision shall apply in the case of postmarks not made by the  United
      States  postal  service only if and to the extent provided by regulation
    
      of the commissioner of finance  or,  where  relevant,  the  tax  appeals
      tribunal. Any return filed electronically shall be deemed to be filed on
      the date of issuance by the commissioner of finance of a confirmation.
        e.  When  the  last  day  prescribed  under  authority of this chapter
      (including any extension of time) for performing  any  act  falls  on  a
      Saturday,  Sunday or legal holiday in the state, the performance of such
      act shall be considered timely if it is performed on the next succeeding
      day which is not a Saturday, Sunday or legal holiday.
        f. (1) Any reference in subdivision d of this section  to  the  United
      States  mail  shall  be treated as including a reference to any delivery
      service designated by the secretary of the treasury of the United States
      pursuant to section seventy-five hundred two  of  the  internal  revenue
      code  and  any  reference  in  subdivision d of this section to a United
      States postmark shall be treated as including a reference  to  any  date
      recorded  or  marked  in  the  manner  described in section seventy-five
      hundred two of the  internal  revenue  code  by  a  designated  delivery
      service.  If the commissioner of finance finds that any delivery service
      designated by such secretary is inadequate for the needs  of  the  city,
      the  commissioner  of finance may withdraw such designation for purposes
      of this title. The commissioner of finance may also designate additional
      delivery services meeting the criteria of section  seventy-five  hundred
      two  of  the  internal  revenue  code for purposes of this title, or may
      withdraw any such designation if the commissioner of finance finds  that
      a  delivery  service  so  designated  is inadequate for the needs of the
      city. Any reference in subdivision d  of  this  section  to  the  United
      States  mail  shall  be treated as including a reference to any delivery
      service designated by the commissioner of finance and any  reference  in
      subdivision  d  of  this  section  to  a United States postmark shall be
      treated as including a reference to any date recorded or marked  in  the
      manner  described  in  section  seventy-five hundred two of the internal
      revenue code by a delivery service designated  by  the  commissioner  of
      finance. Notwithstanding the foregoing, any withdrawal of designation or
      additional  designation  by  the  commissioner  of  finance shall not be
      effective for purposes of service upon the tax appeals tribunal,  unless
      and  until  such  withdrawal of designation or additional designation is
      ratified by the president of the tax appeals tribunal.
        (2) Any equivalent of registered or certified mail designated  by  the
      United  States secretary of the treasury, or as may be designated by the
      commissioner of finance pursuant to  the  same  criteria  used  by  such
      secretary for such designations pursuant to section seventy-five hundred
      two  of  the internal revenue code, shall be included within the meaning
      of registered or certified  mail  as  used  in  subdivision  d  of  this
      section.  If  the  commissioner  of finance finds that any equivalent of
      registered or  certified  mail  designated  by  such  secretary  or  the
      commissioner  of  finance  is  inadequate for the needs of the city, the
      commissioner of finance may withdraw such designation  for  purposes  of
      this title. Notwithstanding the foregoing, any withdrawal of designation
      or  additional  designation  by the commissioner of finance shall not be
      effective for purposes of service upon the tax appeals tribunal,  unless
      and  until  such  withdrawal of designation or additional designation is
      ratified by the president of the tax appeals tribunal.