N.Y. Tax Law § 659
Report of federal changes, corrections or disallowances
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2026
As of January 1, 2015
§ 659. Report of federal changes, corrections or disallowances. If the\namount of a taxpayer's federal taxable income, total taxable amount or\nordinary income portion of a lump sum distribution or includible gain of\na trust reported on his federal income tax return for any taxable year,\nor the amount of a taxpayer's earned income credit or credit for\nemployment-related expenses set forth on such return, or the amount of\nany federal foreign tax credit affecting the calculation of the credit\nfor Canadian provincial taxes under section six hundred twenty or six\nhundred twenty-A of this article, or the amount of any claim of right\nadjustment, is changed or corrected by the United States internal\nrevenue service or other competent authority or as the result of a\nrenegotiation of a contract or subcontract with the United States, or\nthe amount an employer is required to deduct and withhold from wages for\nfederal income tax withholding purposes is changed or corrected by such\nservice or authority or if a taxpayer's claim for credit or refund of\nfederal income tax is disallowed in whole or in part, the taxpayer or\nemployer shall report such change or correction or disallowance within\nninety days after the final determination of such change, correction,\nrenegotiation or disallowance, or as otherwise required by the\ncommissioner, and shall concede the accuracy of such determination or\nstate wherein it is erroneous. The allowance of a tentative carryback\nadjustment based upon a net operating loss carryback pursuant to section\nsixty-four hundred eleven of the internal revenue code shall be treated\nas a final determination for purposes of this section. Any taxpayer\nfiling an amended federal income tax return and any employer filing an\namended federal return of income tax withheld shall also file within\nninety days thereafter an amended return under this article, and shall\ngive such information as the commissioner may require. The commissioner\nmay by regulation prescribe such exceptions to the requirements of this\nsection as he or she deems appropriate. For purposes of this section,\n(i) the term "taxpayer" shall include a partnership having a resident\npartner or having any income derived from New York sources, and a\ncorporation with respect to which the taxable year of such change,\ncorrection, disallowance or amendment is a year with respect to which\nthe election provided for in subsection (a) of section six hundred sixty\nof this article is in effect, and (ii) the term "federal income tax\nreturn" shall include the returns of income required under sections six\nthousand thirty-one and six thousand thirty-seven of the internal\nrevenue code. In the case of such a corporation, such report shall also\ninclude any change or correction of the taxes described in paragraphs\ntwo and three of subsection (f) of section thirteen hundred sixty-six of\nthe internal revenue code. Reports made under this section by a\npartnership or corporation shall indicate the portion of the change in\neach item of income, gain, loss or deduction (and, in the case of a\ncorporation, of each change in, or disallowance of a claim for credit or\nrefund of, a tax referred to in the preceding sentence) allocable to\neach partner or shareholder and shall set forth such identifying\ninformation with respect to such partner or shareholder as may be\nprescribed by the commissioner.\n
§ 659. Report of federal changes, corrections or disallowances. If the\namount of a taxpayer's federal taxable income, total taxable amount or\nordinary income portion of a lump sum distribution or includible gain of\na trust reported on their federal income tax return for any taxable\nyear, or the amount of a taxpayer's earned income credit or credit for\nemployment-related expenses set forth on such return, or the amount of\nany federal foreign tax credit affecting the calculation of the credit\nfor Canadian provincial taxes under section six hundred twenty or six\nhundred twenty-A of this article, or the amount of any claim of right\nadjustment, is changed or corrected by the United States internal\nrevenue service or other competent authority or as the result of a\nrenegotiation of a contract or subcontract with the United States, or\nthe amount an employer is required to deduct and withhold from wages for\nfederal income tax withholding purposes is changed or corrected by such\nservice or authority or if a taxpayer's claim for credit or refund of\nfederal income tax is disallowed in whole or in part, the taxpayer or\nemployer shall report such change or correction or disallowance within\nninety days after the final determination of such change, correction,\nrenegotiation or disallowance, or as otherwise required by the\ncommissioner, and shall concede the accuracy of such determination or\nstate wherein it is erroneous. Provided, however, if the taxpayer is a\ndirect or indirect partner of a partnership required to report\nadjustments in accordance with section six hundred fifty-nine-a of this\npart, such taxpayer shall also report such adjustments in accordance\nwith section six hundred fifty-nine-a of this part. The allowance of a\ntentative carryback adjustment based upon a net operating loss carryback\npursuant to section sixty-four hundred eleven of the internal revenue\ncode shall be treated as a final determination for purposes of this\nsection. Any taxpayer filing an amended federal income tax return and\nany employer filing an amended federal return of income tax withheld\nshall also file within ninety days thereafter an amended return under\nthis article, and shall give such information as the commissioner may\nrequire. The commissioner may by regulation prescribe such exceptions to\nthe requirements of this section as they deem appropriate. For purposes\nof this section, (i) the term "taxpayer" shall include a partnership\nhaving a resident partner or having any income derived from New York\nsources, and a corporation with respect to which the taxable year of\nsuch change, correction, disallowance or amendment is a year with\nrespect to which the election provided for in subsection (a) of section\nsix hundred sixty of this article is in effect, and (ii) the term\n"federal income tax return" shall include the returns of income required\nunder sections six thousand thirty-one and six thousand thirty-seven of\nthe internal revenue code. In the case of such a corporation, such\nreport shall also include any change or correction of the taxes\ndescribed in paragraphs two and three of subsection (f) of section\nthirteen hundred sixty-six of the internal revenue code. Reports made\nunder this section by a partnership or corporation shall indicate the\nportion of the change in each item of income, gain, loss or deduction\n(and, in the case of a corporation, of each change in, or disallowance\nof a claim for credit or refund of, a tax referred to in the preceding\nsentence) allocable to each partner or shareholder and shall set forth\nsuch identifying information with respect to such partner or shareholder\nas may be prescribed by the commissioner.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.