2023 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.