New York State Tax Law generally places a three-year statute of limitations on its right to assert additional tax due . However, a six-year statute of limitations applies to assert additional tax due when there is an abusive tax avoidance transaction, or, when a taxpayer omits 25% or more of their income from the return. A taxpayer and the Tax Department may agree in writing to extend the statute of limitations before it expires. The statute of limitations to assert additional tax does not apply, however, for any period during which a taxpayer failed to file a return, failed to report the changes made by the Internal Revenue Service (IRS) to a federal tax return, or filed a false or fraudulent return with intent to evade tax. For income, estate, and corporation tax purposes, a taxpayer is generally required to report a federal change to New York State within 90 days after the final determination of the change, correction, renegotiation, or disallowance. For amended returns filed on or after April 12, 2018, the statute of limitations on the State’s right to assert additional tax due, attributable to a change or correction made on such amended return, is generally one year from the date such amended return is led (unless a longer period of time applies or unless the amended return is due to federal changes).
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