New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter XIII - Compromises › Part 5000 - Compromises Under Subdivision Eighteenth-a Of Section 171 Of The Tax Law › Section 5000.3 - Procedure with respect to offers in compromise

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Form of offers. An offer in compromise
				shall be filed on the forms prescribed by the Commissioner of Taxation and
				Finance. The forms are available from the department or on the department's
				website. The compromise offer must be in addition to the total amounts
				previously paid, or collected, against the liability being compromised, if any.
				If the final payment on an accepted offer is contingent upon the immediate or
				simultaneous release of a tax lien in whole or in part, such payment must be
				remitted by means, acceptable to the Department of Taxation and Finance, that
				assures unconditional and final payment, such as certified check, bank check or
				postal money order.
(b) Stay of
				proceedings. The filing of an offer in compromise shall not constitute the
				filing of a request for a conciliation conference or the filing of a petition
				for a hearing. The filing of an offer in compromise shall not (1) automatically
				operate to stay the collection of any tax liability, (2) constitute cause for
				postponement of a conciliation conference (see Part 4000 of this Title) or a
				hearing in the Division of Tax Appeals (see Part 3000 of this Title), or (3)
				suspend the running of the period of limitations for filing a request for a
				conciliation conference (see Part 4000) or a hearing (see Part 3000). However,
				enforcement of collection may be deferred if the interests of the Department of
				Taxation and Finance shall not be jeopardized thereby.
(c) Acceptance. An offer in compromise shall
				be considered accepted only when the taxpayer making the offer is so notified
				in writing. As a condition to accepting an offer in compromise, the taxpayer
				may be required to enter into any collateral agreement or to post any security
				which is deemed necessary for the protection of the interests of the Department
				of Taxation and Finance. Further, as a condition for acceptance of an offer in
				compromise, the taxpayer must agree that the Department of Taxation and Finance
				may proceed with any appropriate collection procedures set forth in the Tax Law
				as if the Commissioner of Taxation and Finance had acquired an assessment no
				longer subject to administrative or judicial review. The commissioner or such
				person as may be designated by the commissioner may also impose any other
				conditions, qualifications or limitations for acceptance of an offer that he or
				she may deem appropriate for a particular case.
(d) Withdrawal or rejection. An offer in
				compromise may be withdrawn by the taxpayer making the offer at any time prior
				to its acceptance. In the event an offer is rejected, the taxpayer making the
				offer shall be promptly notified in writing. Frivolous offers or offers filed
				for the purpose of delaying the collection of liabilities shall be immediately
				rejected.
(e) Requirement with
				respect to statute of limitations. No offer in compromise shall be accepted
				unless the taxpayer waives the running of the statutory period of limitations
				on collection of the tax liability involved in the period during which the
				offer is pending, or the period during which any installment remains unpaid,
				and for one year thereafter.
(f)
				Limitation on number of offers. Generally, a taxpayer may only make one offer
				in compromise under section 171, subdivision eighteeenth-a regarding a
				particular liability for a particular taxable period.