N.Y. TAX Law § 659 — New York Code / Act TAX / Article 22 / Part 4 / Section 659
Report of federal changes, corrections or disallowances
Status: in_force

§ 659. Report of federal changes, corrections or disallowances. If the\namount of a taxpayer's federal taxable income, total taxable amount or\nordinary income portion of a lump sum distribution or includible gain of\na trust reported on their federal income tax return for any taxable\nyear, or the amount of a taxpayer's earned income credit or credit for\nemployment-related expenses set forth on such return, or the amount of\nany federal foreign tax credit affecting the calculation of the credit\nfor Canadian provincial taxes under section six hundred twenty or six\nhundred twenty-A of this article, or the amount of any claim of right\nadjustment, is changed or corrected by the United States internal\nrevenue service or other competent authority or as the result of a\nrenegotiation of a contract or subcontract with the United States, or\nthe amount an employer is required to deduct and withhold from wages for\nfederal income tax withholding purposes is changed or corrected by such\nservice or authority or if a taxpayer's claim for credit or refund of\nfederal income tax is disallowed in whole or in part, the taxpayer or\nemployer shall report such change or correction or disallowance within\nninety days after the final determination of such change, correction,\nrenegotiation or disallowance, or as otherwise required by the\ncommissioner, and shall concede the accuracy of such determination or\nstate wherein it is erroneous. Provided, however, if the taxpayer is a\ndirect or indirect partner of a partnership required to report\nadjustments in accordance with section six hundred fifty-nine-a of this\npart, such taxpayer shall also report such adjustments in accordance\nwith section six hundred fifty-nine-a of this part. The allowance of a\ntentative carryback adjustment based upon a net operating loss carryback\npursuant to section sixty-four hundred eleven of the internal revenue\ncode shall be treated as a final determination for purposes of this\nsection. Any taxpayer filing an amended federal income tax return and\nany employer filing an amended federal return of income tax withheld\nshall also file within ninety days thereafter an amended return under\nthis article, and shall give such information as the commissioner may\nrequire. The commissioner may by regulation prescribe such exceptions to\nthe requirements of this section as they deem appropriate. For purposes\nof this section, (i) the term "taxpayer" shall include a partnership\nhaving a resident partner or having any income derived from New York\nsources, and a corporation with respect to which the taxable year of\nsuch change, correction, disallowance or amendment is a year with\nrespect to which the election provided for in subsection (a) of section\nsix hundred sixty of this article is in effect, and (ii) the term\n"federal income tax return" shall include the returns of income required\nunder sections six thousand thirty-one and six thousand thirty-seven of\nthe internal revenue code. In the case of such a corporation, such\nreport shall also include any change or correction of the taxes\ndescribed in paragraphs two and three of subsection (f) of section\nthirteen hundred sixty-six of the internal revenue code. Reports made\nunder this section by a partnership or corporation shall indicate the\nportion of the change in each item of income, gain, loss or deduction\n(and, in the case of a corporation, of each change in, or disallowance\nof a claim for credit or refund of, a tax referred to in the preceding\nsentence) allocable to each partner or shareholder and shall set forth\nsuch identifying information with respect to such partner or shareholder\nas may be prescribed by the commissioner.\n