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  • 1.  NY State personal income tax issue - old years

    Posted 01-26-2024 11:07 AM

    A client for whom I previously prepared personal income tax returns received a letter from the NY state tax department requesting information (I have not yet seen the notice) from 2008 and 2009.  I know that the tax department does this, but I do not know if this is legal.  Is there a 3 year statute on filed returns?



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    Sanford E. Zinman
    CPA
    ZINMAN ACCOUNTING
    Greenwich CT
    914-253-6511
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  • 2.  RE: NY State personal income tax issue - old years

    Posted 01-27-2024 02:24 AM
    There is a 3 year statute of limitations so even 2018 and 2019 would be barred for examination...  are they asking for proof of filing, like they have no record of a tax return or are they asking for verification/ records?? No matter what, that seems too far back. I would call them is there is a contact number on the notice and look to ascertain the reason for the notice, and that it is valid

    I did not work for NYS, but was an IRS Revenue Agent for over 40 years, obviously before retirement, and we never went that far back for any reason.

    Howard Silverman
    Enrolled Agent



    Original Message


  • 3.  RE: NY State personal income tax issue - old years

    Silver Most Valuable Member
    Posted 01-27-2024 10:11 AM
    Sanford,
    There is a three year statute from when the returns were filed.  Were they filed?
    They can go back 6 years if there was more than 25 percent omission of income, and unlimited look back if fraud was involved.

    Or... They can ask for information from old years if that information affects open years such as with regard to an NOL or possibly to determine basis.

    Could it be for something like this?

    Otherwise, you are correct that they cannot audit properly filed returns filed more than 3 years ago.

    Brian 



    Original Message


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