NY Tax L § 1411 (2021)
2021 New York Laws TAX - Tax Article 31 - Real Estate Transfer Tax 1411 - Determination of Tax.

§ 1411. Determination of tax. (a) If a return required by this article is  not  filed,  or if a return when filed is incorrect or insufficient, the amount of tax  due  shall  be  determined  by  the  commissioner  of taxation  and  finance  from  such  records  or  information  as  may be obtainable, including the assessed valuation of  the  real  property  or interest   therein   and  other  appropriate  factors.  Notice  of  such determination shall be given to the person liable for the payment of the tax. Such determination shall finally and irrevocably fix the tax unless the person against whom it is assessed, within  ninety  days  after  the giving  of  notice of such determination, shall petition the division of tax appeals for a hearing, or unless the commissioner  of  taxation  and finance  of the commissioner's own motion shall redetermine the same. In any case before the division of tax  appeals  under  this  article,  the burden  of  proof  shall  be  on the petitioner. After such hearing, the division of tax appeals shall give notice of the  determination  of  the administrative  law judge to the person against whom the tax is assessed and the commissioner of taxation and finance. Such determination may  be reviewed  by  the  tax  appeals tribunal as provided in article forty of this chapter. The decision of the tax appeals tribunal may  be  reviewed as  provided  in  section  two  thousand  sixteen  of  this  chapter.  A proceeding for judicial review shall not be instituted unless:  (1)  the amount  of  any  tax  sought to be reviewed, with penalties and interest thereon, if any, shall be  first  deposited  with  the  commissioner  of taxation  and  finance and there shall be filed with the commissioner of taxation  and  finance  an  undertaking,  issued  by  a  surety  company authorized  to  transact  business  in  this  state  and approved by the superintendent of financial services of this state as  to  solvency  and responsibility,  in  such  amount and with such sureties as a justice of the supreme court shall approve, to the effect that if  such  proceeding be dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of the proceeding; or (2) at the   option   of  the  petitioner,  such  undertaking  filed  with  the commissioner of taxation and finance may be in a sum sufficient to cover the taxes, penalties and interest thereon stated in such decision,  plus the costs and charges which may accrue against him in the prosecution of the  proceeding,  in which event the petitioner shall not be required to deposit such taxes, penalties and interest as a condition  precedent  to the commencement of the proceeding.  (b)  A  person  liable for the tax imposed by this article (whether or not a determination assessing a tax pursuant to subdivision (a) of  this section has been issued) shall be entitled to have a tax due finally and irrevocably  fixed  prior  to  the  ninety-day  period  referred  to  in subdivision (a) of this section, by  filing  with  the  commissioner  of taxation  and  finance a signed statement in writing in such form as the commissioner  of  taxation  and  finance  shall  prescribe,   consenting thereto.