2023 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.