Section 976. Extensions of time  


Latest version.
  • (a)  General.  (1) The commissioner of
      taxation and finance may  grant  a  reasonable  extension  of  time  for
      payment of tax (or any installment), or for filing any return, statement
      or  other  document required pursuant to this article, on such terms and
      conditions as he may require. Except in the case of  executors  who  are
      outside  the  United  States,  no  such extension for filing any return,
      statement or other document shall exceed six months. Except as otherwise
      provided in this article, no such extension  for  payment  shall  exceed
      twelve months from the date fixed for payment.
        (2) Where there is included in the value of the gross estate the value
      of  a reversionary or remainder interest in property, the payment of the
      part of the tax imposed by this article attributable  to  such  interest
      may,  at  the  election  of  the executor, be postponed until six months
      after the termination of the precedent  interest  or  interests  in  the
      property, and the amount the payment of which is so postponed shall then
      be  payable,  together  with  interest  thereon.  If the commissioner of
      taxation and finance finds that the payment of the tax within  such  six
      months   would   result  in  undue  hardship  to  the  estate  and  said
      commissioner has approved payment in respect of such tax over  a  longer
      period, he may extend the time for a payment for a reasonable period not
      in  excess  of  three  years from the expiration of such six months. The
      postponement of the payment of any  such  amount  shall  be  under  such
      regulations  as  the commissioner of taxation and finance may prescribe,
      and shall be upon condition that  the  executor,  or  any  other  person
      liable  for  the  tax,  shall comply with subsection (c) of this section
      (relating to furnishing of security).
        (3) If the commissioner of taxation and finance finds that the payment
      on the due date of any part of the amount of the  tax  imposed  by  this
      article  would result in undue hardship to the estate, he may extend the
      time for payment for such period as he may deem reasonable, but  not  to
      exceed  four years from the date of death, and may require payment to be
      made in annual installments.
        (b) Whenever the commissioner extends the time for the payment of  tax
      under  this section, that portion of the tax as to which an extension is
      granted shall bear interest from the date the  tax  is  required  to  be
      paid, to the date of payment without regard to any extension of time for
      the  payment  of the tax or filing of the return, at the rate prescribed
      in subsection (a) of section six hundred eighty-four of this chapter.
        (c) Furnishing of security. If any extension of time  is  granted  for
      payment  of  any amount of tax, the commissioner of taxation and finance
      may require the taxpayer to furnish a bond issued by  a  surety  company
      approved   by  the  superintendent  of  insurance  as  to  solvency  and
      responsibility and authorized to transact  business  in  this  state  or
      other  security  acceptable  to  such  commissioner  in  an  amount  not
      exceeding twice the amount for which the extension of time  for  payment
      is  granted,  on  such  terms  and  conditions  as such commissioner may
      require.
        (d) Cross reference. For extensions of time for payment of estate  tax
      where an estate consists largely of interest in closely held businesses,
      see section nine hundred ninety-seven of this article.
        (e)  If  the  decedent  has  a  cause of action pending at the time of
      death, or a cause of action arises which is related  to  the  decedent's
      death, and any recovery under the cause of action is to be taxable under
      this  article,  the  commissioner  shall  waive any penalty and interest
      associated with such cause of action which accrues from  the  date  that
      the  return disclosing such cause of action is filed, provided that such
      penalty and interest may not be waived for periods beyond one year after
      the date of final judgment or settlement of the cause of action.