Section 576. Time limitations  


Latest version.
  • 1.  Determinations  of  liability  for
      contributions.  No determination of liability for contributions pursuant
      to section five hundred sixty of this article shall be  made  more  than
      three  years  after the last day of the calendar year in which the wages
      on which such liability is based were paid.
        2.  Determinations  of  amount  of  contributions.  No   determination
      pursuant  to  section  five  hundred  seventy-one of this article of the
      amount of contributions due shall be made more than  three  years  after
      the  last  day  of  the  calendar  year in which the wages on which such
      contributions are based were paid  except  as  provided  in  subdivision
      three of this section.
        3.  Determinations  of  amount  of  contributions after contest. If an
      employer contests a determination  of  liability  for  contributions,  a
      determination of the amount of contributions due may be made at any time
      prior to the latter of the following:
        (a)  three  years after the last day of the calendar year in which the
      wages on which such contributions are based were paid; or
        (b) two years after the last day of the calendar year  in  which  such
      determination   of   liability   for   contributions  became  final  and
      irrevocable.
        4. Determinations of penalties. No determination of the amount of  any
      penalty  imposed  for  the  failure  of an employer to submit reports as
      required by section five hundred seventy-five of this article  shall  be
      made more than one year after the last day of the calendar year in which
      such reports were due.
        5.  Enforcement  of payment of contributions. Payment of contributions
      due on the basis of wages reported  by  the  employer,  and  payment  of
      contributions  due  on  the  basis  of  a determination made pursuant to
      section five hundred seventy-one of this article within the  time  limit
      provided  in  subdivisions two and three of this section may be enforced
      by civil action or through warrant proceedings only if  such  action  is
      begun  or  such  warrant is filed within two years after the last day of
      the calendar year in which such report was received by the  commissioner
      or in which such determination became final and irrevocable.
        6.  Enforcement  of  payment of penalties. Payment of penalties may be
      enforced by civil action or through warrant  proceedings  only  if  such
      action is begun or such warrant is filed within two years after the last
      day of the calendar year in which the determination of the amount of the
      penalty became final and irrevocable.
        7.  Enforcement  of  payment  after extension agreement. If a deferred
      payment agreement has been entered into  by  the  employer  the  payment
      which is the subject of the agreement may be enforced by civil action or
      through  warrant  proceedings if such action is begun or such warrant is
      filed within two years after the last day of the calendar year in  which
      the final payment was due pursuant to such agreement.
        8.  Fraud.  The  provisions  of  this  section  shall not apply if the
      employer, with intent to defraud, fails to file prescribed  contribution
      reports or files false reports.
        9.  Date  of  determination.  For  the  purpose  of  this  section  no
      determination shall be deemed to have been  made  until  the  date  upon
      which  notice of such determination is mailed or delivered personally to
      the employer affected thereby.