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Page 2 of 2 CMS-1-MN (9/21)
Notice of Taxpayer Rights
If you disagree with an action taken by the Department Tax Appeals hearing
of Taxation and Finance (the issuance of a tax The procedure in the Division of Tax Appeals is begun by filing
deficiency/determination, the denial of a refund claim or the a petition. The petition must be in writing and must specifically
denial or revocation of a license, registration or exemption indicate the actions of the department that are being protested.
certificate), you may protest by filing a Request for Conciliation
Conference or by filing a Petition for a Tax Appeals hearing. The hearing is an adversarial proceeding before an impartial
administrative law judge. The hearing will be stenographically
The request or petition must be filed within a certain period reported. After the hearing, the administrative law judge will
of time from the date the department mailed you notice of its issue a determination that will finally decide the matter(s) in
action. Refer to the notice you received to determine your dispute unless either you or the department requests review
time limit. These time limits are established by the Tax Law by the Tax Appeals Tribunal. If such a review is requested, the
and cannot be extended. We recommend you use certified or record of hearing and any additional oral or written arguments
registered mail. See Publication 55, Designated Private Delivery will be reviewed and the Tribunal will issue a decision
Services, for a list of private delivery services that can be used, affirming, reversing, or modifying the administrative law judge’s
and the address. determination, or referring the matter back to the administrative
You may appear on your own behalf or you may have an law judge for further hearing.
authorized representative present your case for review. An
authorized representative must have a power of attorney from Court review
you to appear on your behalf. If you do not agree with the Tax Appeals Tribunal’s decision, you
may seek court review. There are time limits within which an
If you are a person with a disability and you wish to application for court review must be filed. For some taxes, you
request that a reasonable accommodation be provided must pay the tax, interest, and penalty or post a bond for this
to you in order to participate in a conciliation conference, amount, plus court costs, when you file an application for court
contact our designee for reasonable accommodation at review.
tax.sm.reasonable.accommodations@tax.ny.gov.
Small claims option
Conciliation conference When petitioning for a hearing, you may elect to have your
A conciliation conference is an efficient and inexpensive way hearing held in the Small Claims Unit if the amount in dispute
to resolve protests without a formal hearing. The conference is within the dollar limits set by the Rules of Practice and
is conducted informally by a conciliation conferee who will Procedure, a copy of which will be sent to you with the petition
review all of the evidence presented to determine a fair result. forms. The hearing is conducted as informally as possible by an
After the conference, the conferee will send you a proposed impartial presiding officer. The presiding officer’s determination
resolution in the form of a Consent. If you indicate your is conclusive and is not subject to review by any other unit in the
acceptance by signing and returning the Consent within 15 days, Division of Tax Appeals, the Tribunal, or by any court in the state.
the disagreement will be concluded. Otherwise, the conferee
will issue a Conciliation Order. This order is binding on the You may request petition forms and the Rules of Practice and
department and will be binding on you unless you file a petition Procedure of the Tax Appeals Tribunal by calling 518-266-3000,
for a hearing with the Division of Tax Appeals. faxing your request to 518-272-5178, or writing to:
To request a conference, complete page 1 of this form and fax to DIVISION OF TAX APPEALS
AGENCY BUILDING 1
518-435-8554 or mail to the address on page 1. EMPIRE STATE PLAZA
Note: Failure of technology or electronic communication or ALBANY NY 12223
unavailability of the facsimile will not release the requestor from Forms and publications are also available on the division’s
timely filing as required by the Tax Law. website at www.dta.ny.gov.
Note: The address you provide on Form CMS-1-MN will not A request for petition forms and the rules is not considered the
change any other address the department has on file for filing of a petition for hearing for purposes of the time limits, and
you. If you wish to change an address you use for other Tax does not extend the time limits for filing a petition.
Department matters visit www.tax.ny.gov for directions.
Privacy notification Estate tax
The right of the Commissioner of Taxation and Finance and the Estate tax filers are not eligible for hearings before the Division
Department of Taxation and Finance to collect and maintain of Tax Appeals.
personal information, including mandatory disclosure of Social For estate tax, if you elect not to file a Request for Conciliation
Security numbers in the manner required by tax regulations, Conference, you must file a Notice of Petition and a Verified
instructions, and forms, is found in the New York State Tax Petition with the Surrogate’s Court of the county with jurisdiction
Law, including subdivision 3-a of section 170 thereof; and over the estate if you wish to pursue a court action. To obtain
42 USC 405(c)(2)(C)(i). an estate tax petition form, contact the clerk of the Surrogate’s
The Tax Department uses this information primarily to administer Court having jurisdiction over the estate.
proceedings in the Bureau of Conciliation and Mediation A copy of the Notice of Petition and Verified Petition
Services, to identify the taxpayer, and for any other purpose must be filed simultaneously with the Commissioner of
authorized by law. Taxation and Finance. Mail it to: Commissioner of Taxation
Failure to provide the required information may subject you to and Finance, Office of Counsel, W A Harriman Campus,
civil or criminal penalties, or both, under the Tax Law. Albany NY 12227-0911.
This information is maintained by the Director of the Bureau
of Conciliation and Mediation Services, NYS Tax Department,
W A Harriman Campus, Albany NY 12227-0918; telephone
518-530-4628.
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