Tax Assessment Challenge System

Any taxpayer in New York who receives an official tax determination, bill, or denial of a tax-related request may challenge the decision if they believe it to be incorrect or unlawful. This eligibility extends to both individuals and businesses. To qualify as an "aggrieved" party, you must demonstrate a direct financial interest in the assessed property or the tax determination in question, proving a clear right to seek review.

A challenge may be filed against the state or local tax authorities for justifiable reasons to dispute the imposed liability or decision. Common grounds for filing include:

• Inaccurate Determination: You receive a formal Notice of Determination for sales or excise tax that is based on incorrect data or faulty legal interpretation.
• Unjustified Denial: You are denied a legitimate tax refund or credit to which you believe you are fully entitled based on state law and supporting financial records.
• Miscalculated Bill: You receive a state tax bill or a local property tax assessment that was mathematically miscalculated, improperly issued, or based on an overvaluation.
• Procedural Violations: The challenge can also be initiated due to procedural violations by tax authorities, not merely overpayment issues, ensuring due process is followed.

For state-imposed taxes (e.g., income, corporate, sales tax), New York offers structured methods for dispute resolution:

• Conciliation Conference (BCMS): An informal, non-adversarial process to reach a mutual agreement or settlement without a formal hearing.
• Petition for Hearing (DTA): If conciliation fails, a formal Petition for Hearing is filed before an Administrative Law Judge (ALJ) for a detailed review.
• Judicial Review (State Courts): If a taxpayer is unsatisfied with the DTA's decision, they may appeal to the Tax Appeals Tribunal and subsequently seek further judicial review in the Appellate Division of the Supreme Court.

The following simplified flow generally applies to challenges involving most state taxes, outlining the potential progression of a case:

Disputes concerning local property tax assessments follow a distinct path, beginning with a formal grievance filed with the local assessment board.

Taxpayers must act quickly to initiate a challenge once they receive a formal notice or determination from the state. Generally, the following critical deadlines apply:

• BCMS and DTA: Taxpayers typically have 90 days from the mailing date of a Notice of Determination or Denial of Refund to either request a conciliation conference with BCMS or to file a Petition directly with the DTA.
• Property Taxes: For local property tax disputes, the critical Grievance Day (the deadline for filing an appeal) is typically the fourth Tuesday in May in the majority of New York jurisdictions.
• Failing to file within the stated deadline typically results in a dismissal of the case, irrespective of the underlying facts of the assessment.

To construct a robust and successful case, taxpayers must compile comprehensive documentation to support their position against the tax authority’s claim. The preparation should include:

• The Challenged Notice: A clear copy of the specific tax bill, assessment, or official notice being formally disputed.
• Financial Records: Detailed documentation supporting your financial claims, such as receipts, contracts, account ledgers, and bank statements showing proof of transactions.
• Formal Explanation: A signed explanation letter or affidavit clearly outlining the factual and legal basis for the challenge, highlighting specific errors.
• Expert Analysis (Optional): A legal memorandum or professional opinion from a CPA or a specialized tax attorney can greatly enhance the persuasiveness of the initial filing.

Taxpayers frequently encounter issues that can be easily avoided with careful attention to detail and procedural requirements:

• Missing the Deadline: The most common and fatal error is failing to meet the strict 90-day deadline for filing with the state administrative bodies.
• Incomplete Submissions: Submitting incomplete or improperly filled-out forms often leads to the rejection of the initial filing.
• Lack of Factual Proof: Failing to adequately prove specific factual errors, as the burden of proof lies solely with the taxpayer challenging the assessment.
• Ignoring Administrative Options: Skipping procedural options like the Conciliation Conference (BCMS) when an informal, cost-effective resolution might have been possible.

Effectively navigating the intricacies of the New York tax challenge system often requires a deep understanding of technical tax statutes and complex procedural rules. Attorneys with dedicated tax litigation experience can provide invaluable assistance:

• Drafting and Strategy: They draft persuasive and legally sound petitions or protests, ensuring all technical requirements are met to maximize the chance of success.
• Evidence Management: Legal counsel will professionally collect, organize, and present factual support in a way that is most compelling for the judge or tribunal.
• Representation: They professionally represent the client at formal hearings or in the state courts, handling all necessary legal arguments and communication.
• Complexity Management: Legal counsel is critical when the dispute involves large tax amounts, allegations of criminal tax implications, or the denial of high-value refunds or exemptions.