Legal Question in Tax Law in New York

Statute of Limitations

Is there a statute of limitations on how long

the state(Division of Taxation and Finance)has to (use the courts) to recover a personal income tax liability? There has been a Chapter 7 Bankruptcy

discharge in the time since the tax liability period, which was tax year 1992.


Asked on 6/27/01, 11:10 am

1 Answer from Attorneys

Re: Statute of Limitations

The Chapter 7 discharge should not have affected

the 1992 liability for income taxes. These are

not dischargeable.

The applicable statute depends upon what action

is being taken by the Tax Department. Audits

are generally three years from due date. Judgments

can be as long as twenty years from date of

entry. Assessments may be only six years long. Intercepts

extend the time limits. So, there is simply not

enough information to answer the question.

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Answered on 7/02/01, 7:49 am


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