N.Y.
Tax Law Section 990
Applicability of other tax law provisions
(a)
General. Except as otherwise provided in this article, all of the provisions of sections six hundred eighty-one through six hundred eighty-eight and six hundred ninety-one through six hundred ninety-seven of this chapter shall apply to the provisions of this article with the same force and effect as if the language of those sections had been incorporated in full into this article and had expressly referred to the tax under this article, except to the extent that any such provision is either inconsistent with or not relevant to this article and except as modified in subsection (b) of this section or with such other modifications as may be necessary to adapt the language of such provisions to the provisions of this article.(b)
Modifications. Sections six hundred eighty-one through six hundred eighty-eight and six hundred ninety-one through six hundred ninety-seven shall be read as modified by this subsection.(1)
The phrase “income tax” shall be read as “estate tax”.(2)
The phrases “income” and “taxable income” shall be read as “federal taxable estate”.(3)
The phrase “section six hundred fifty-nine” shall be read as “section nine hundred seventy-nine”.(4)
The phrase “federal income tax” shall be read as “federal estate tax”.(5)
The phrase “taxable year” shall be read as “tax under this article”.(6)
Subsection (d) of section six hundred eighty-three shall be read as follows: The tax may be assessed at any time within six years after the return was filed if an estate omits from its federal gross estate, federal taxable estate or New York gross estate an amount properly includible therein which is in excess of twenty-five percent of the amount stated in the return of the federal gross estate, federal taxable estate or New York gross estate.(7)
References to sections six hundred eighty-nine or six hundred ninety of this chapter shall be deemed references to section nine hundred ninety-eight; references to the hearing process shall be deemed references to the procedures under section nine hundred ninety-eight; references to the division of tax appeals or the tax appeals tribunal in relation to the administration of the hearing process shall be deemed references to the surrogate’s court; and references to filing a petition shall be deemed references to commencing a special proceeding under section nine hundred ninety-eight.(8)
In subsection (e) of § 683 (Limitations on assessment)section six hundred eighty-three of this chapter, the following sentence is added: “The running of the period of limitation for the collection of any tax imposed by this article shall be suspended for the period of any extension of time for payment granted under the provisions of subsection (a) of section nine hundred seventy-six and section nine hundred ninety-seven of this article.” (9) In subsection (a) of § 684 (Interest on underpayment)section six hundred eighty-four of this chapter, the phrase “to the date paid” shall be read as "to the date paid, except as otherwise provided in subsection (j) of § 997 (Extensions of time for payment of estate tax where estate consists largely of interest in closely held businesses)section nine hundred ninety-seven of this article".(10)
In subsection (k) of § 685 (Additions to tax and civil penalties)section six hundred eighty-five of this chapter, the reference to “subsection (b) of section six hundred fifty-eight” shall be read as "subsection (c) of § 977 (Requirements concerning returns, notices, records and statements)section nine hundred seventy-seven of this article." (11) In subsection (a) of § 686 (Overpayment)section six hundred eighty-six of this chapter, the phrase “person who made the overpayment” shall mean “estate, persons interested in the estate or other person making the overpayment”.(12)
In subsections (f) and (i) of § 687 (Limitations on credit or refund)section six hundred eighty-seven of this chapter, the phrases “for taxable year” and “for such year” shall be read as “in respect of the tax imposed by this article” and, in subsection (i) thereof, the phrase “the fifteenth day of the fourth month following the close of his taxable year” shall be read as “such last day, determined without regard to any extension of time granted”.(13)
In subsection (b) of § 691 (Mailing rules)section six hundred ninety-one of this chapter, the term “address given in the last return filed by him” shall be read as "address given in the notice of qualification filed by the executor under subsection (d) of § 977 (Requirements concerning returns, notices, records and statements)section nine hundred seventy-seven of this article".(14)
In § 692 (Collection, levy and liens)section six hundred ninety-two of this chapter, the term “person” shall be read as “estate or any other person.” (15) In § 693 (Transferees)section six hundred ninety-three of this chapter, the term “transferee” shall include (A) any donee, heir, testamentary beneficiary or distributee, and (B) any other person who under § 975 (Liability for tax)section nine hundred seventy-five of this article is personally liable for any part of the tax imposed by this article, and (C) an executor to the extent of his personal liability under § 975 (Liability for tax)section nine hundred seventy-five of this article for the tax imposed by this article; and in subsection (d) of such section, the reference to subsection (e) of § 697 (General powers of tax commission)section six hundred ninety-seven of this chapter shall mean § 994 (Secrecy requirement and penalties for violation)section nine hundred ninety-four of this article.
Source:
Section 990 — Applicability of other tax law provisions, https://www.nysenate.gov/legislation/laws/TAX/990 (updated Sep. 22, 2014; accessed Dec. 21, 2024).
