NY Tax L § 693 (2021)
2021 New York Laws TAX - Tax Article 22 - Personal Income Tax Part 6 - Procedure and Administration 693 - Transferees.

§ 693. Transferees.--(a) General.--The liability, at law or in equity, of a transferee of property of a taxpayer for any tax, additions to tax, penalty  or interest due the tax commission under this article, shall be assessed, paid, and collected in the same manner and subject to the same provisions and limitations as in the  case  of  the  tax  to  which  the liability  relates, except that the period of limitations for assessment against the transferee shall be extended by one year for each successive transfer, in  order,  from  the  original  taxpayer  to  the  transferee involved,  but  not  by more than three years in the aggregate. The term transferee includes donee, heir, legatee, devisee and distributee.  (b) Exceptions.--  (1) If  before  the  expiration  of  the  period  of  limitations  for assessment of liability of the transferee, a claim has been filed by the tax  commission  in  any court against the original taxpayer or the last preceding transferee based upon the liability of the original  taxpayer, then  the  period  of  limitation  for  assessment  of  liability of the transferee shall in no event expire prior to one year after  such  claim has been finally allowed, disallowed or otherwise disposed of.  (2) If, before the expiration of the time prescribed in subsection (a) or  the  immediately  preceding  paragraph  of  this  subsection for the assessment of the liability, the tax commission and the transferee  have both  consented  in  writing  to  its  assessment  after  such time, the liability may be assessed at any time prior to  the  expiration  of  the period  agreed  upon.  The  period  so  agreed  upon  may be extended by subsequent agreements in writing  made  before  the  expiration  of  the period previously agreed upon. For the purpose of determining the period of  limitation  on credit or refund to the transferee of overpayments of tax made  by  such  transferee  or  overpayments  of  tax  made  by  the transferor  as  to which the transferee is legally entitled to credit or refund, such agreement and any extension  thereof  shall  be  deemed  an agreement and extension thereof referred to in subsection (b) of section six  hundred  eighty-seven.  If  the  agreement  is  executed  after the expiration of the  period  of  limitation  for  assessment  against  the original taxpayer, then in applying the limitations under subsection (b) of  section  six  hundred  eighty-seven  on  the amount of the credit or refund, the periods specified in subsection (a) of section  six  hundred eighty-seven  shall  be  increased  by  the period from the date of such expiration to the date of the agreement.  (c) Deceased transferor.--If any person is  deceased,  the  period  of limitation  for assessment against him shall be the period that would be in effect if he had lived.  (d) Evidence.--Notwithstanding the provisions  of  subsection  (e)  of section six hundred ninety-seven the tax commission shall use its powers to  make  available  to  the transferee evidence necessary to enable the transferee to determine the liability of the original  taxpayer  and  of any  preceding  transferees,  but without undue hardship to the original taxpayer or preceding transferee. See  subsection  (e)  of  section  six hundred eighty-nine for rule as to burden of proof.  (e)  Notwithstanding the provisions of paragraph one of subsection (e) of section six hundred ninety-seven of this part, the  commissioner  may furnish  information  relating  to  real  property transfers obtained or derived from returns filed pursuant to this article in relation  to  the real  estate  transfer  tax, to the extent that such information is also required to be reported to the commissioner  by  section  three  hundred thirty-three   of  the  real  property  law  and  section  five  hundred seventy-four of  the  real  property  tax  law  and  the  rules  adopted thereunder,  provided  such information was collected through a combined process established pursuant to  an  agreement  entered  into  with  the  commissioner  pursuant to paragraph viii of subdivision one-e of section three hundred thirty-three of the real property  law.  The  commissioner may redisclose such information to the extent authorized by section five hundred seventy-four of the real property tax law.