N.Y. Comp. Codes R. & Regs. tit. 20 § 2375.7

Current through Register Vol. 46, No. 50, December 11, 2024

Section 2375.7 - New York tax guidances (NYT-Gs)

(a) General.

(1) New York tax guidances are informational statements of the division's interpretation of the Tax Law and regulations and are based on a particular set of facts. Tax guidances consist of redacted versions of selected letters and memoranda and responses to withdrawn petitions for advisory opinion.

(2) New York tax guidances are accurate on the date they are issued and are limited to the facts set forth therein. A tax guidance is based on the statutes, regulations, and judicial and Tax Appeals Tribunal precedent in effect on the date the tax guidance is issued or in effect for the specific time period at issue in the tax guidance. Any changes in these legal authorities or in division policies after the date the tax guidance is issued may affect the conclusions stated therein.

(b) Dissemination. New York tax guidances are published by the division and widely disseminated. Tax guidances are provided to all taxpayers and tax practitioners who have requested to be notified when a tax guidance is issued. Tax guidances are distributed, or otherwise made available, to all personnel of the division and are available on the department's website.

(c) Force and effect. New York tax guidances are advisory in nature and are merely explanatory. Accordingly, tax guidances do not have legal force or effect, do not set precedent, and are not binding. They are vehicles to assist taxpayers and others to understand the law and regulations and promote voluntary compliance. New York tax guidances are current as of the date issued. Subsequent judicial decisions, Tax Appeals Tribunal decisions, or changes in the law, regulations, or division policies could affect the validity of the information presented in a New York tax guidance. New York tax guidances are not generally modified, but are retained to indicate the division's policies at the time of issuance.

N.Y. Comp. Codes R. & Regs. Tit. 20 § 2375.7