N.Y. Tax Law 1415 – General powers of the commissioner of taxation and finance
§ 1415. General powers of the commissioner of taxation and finance. The commissioner of taxation and finance shall have the power: (a) to administer and enforce the tax imposed by this article and the commissioner is authorized to make such rules and regulations, and to require such facts and information to be reported, as the commissioner may deem necessary to enforce the provisions of this article.
Terms Used In N.Y. Tax Law 1415
- Consideration: means the price actually paid or required to be paid for the real property or interest therein, including payment for an option or contract to purchase real property, whether or not expressed in the deed and whether paid or required to be paid by money, property, or any other thing of value. See N.Y. Tax Law 1401
- Grantee: means the person who obtains real property or interest therein as a result of a conveyance. See N.Y. Tax Law 1401
- Person: means an individual, partnership, limited liability company, society, association, joint stock company, corporation, estate, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, any combination of individuals, and any other form of unincorporated enterprise owned or conducted by two or more persons. See N.Y. Tax Law 1401
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) For the purposes of ascertaining the correctness of any return, or for the purpose of making an estimate of tax of any return, or for the purpose of making an estimate of tax of any person, to examine or to cause to have examined, by any agent or representative designated by the commissioner for that purpose, any books, papers, records or memoranda related to the matters required to be included in the return, and may require the attendance of the person rendering the return or any officer or employee of such person, or the attendance of any other person having knowledge of the matters included in the return, and may take testimony and require proof material for its information, with power to administer oaths to such person or persons.
(c) To extend, for cause shown, the time of filing any return for a period not exceeding three months.
(d) To prescribe the methods for determining the consideration and net consideration attributable to that portion of real property located partly within and partly without the state of New York which is located within the state of New York or any interest therein.
(e) To require any grantor or grantee to keep such records, and for such length of time as may be required for the proper administration of this title and to furnish such records to the commissioner of taxation and finance upon request.
(f) The commissioner of taxation and finance, of the commissioner's own motion, may abate any small unpaid balance of an assessment of the tax to be levied hereunder, or any liability in respect thereof, if such commissioner determines under uniform rules prescribed by the commissioner that the administration and collection costs involved would not warrant collection of the amount due. The commissioner may also abate, of the commissioner's own motion, the unpaid portion of the assessment of any tax or any liability in respect thereof, which is excessive in amount, or is assessed after the expiration of the period of limitation properly applicable thereto, or is erroneously or illegally assessed. No claim for abatement under this subdivision shall be filed by a taxpayer.