N.Y. Comp. Codes R. & Regs. tit. 20 § 2376.5

Current through Register Vol. 46, No. 51, December 18, 2024

Section 2376.5 - Issuance and publication of advisory opinions

(a) Issuance. Advisory opinions will be issued to the petitioner within 90 days of receipt of a completed petition for advisory opinion or the latest submission by the petitioner modifying the petition. The 90-day period within which an advisory opinion must be rendered may be extended by the Commissioner of Taxation and Finance for a period of up to 30 additional days. The period within which an advisory opinion must be issued may also be extended by agreement between the petitioner and the division.

(b) Contents of the advisory opinion issued to the petitioner. An advisory opinion will identify the petitioner to whom it is addressed by name, address, identification number and, where applicable, taxable years or periods involved. It will contain:

(1) a recitation of the facts having a bearing on the issue sought to be resolved;

(2) a discussion of the pertinent statutory provisions, regulations and other precedential material relied upon;

(3) a description of the reasoning upon which the conclusions are based; and

(4) a statement of conclusions. These conclusions will give direct answers, where possible, to the specific questions raised by the petitioner. The discussion contained in the advisory opinion will be set forth with a sufficient degree of detail as to fairly apprise the petitioner of the bases for the conclusions reached.

(c) Publication of advisory opinions. All issued advisory opinions will be published and made available to the public. Before publication, all names, addresses, and identification numbers will be redacted. Additional information may be redacted if requested in the petition and if, in the division's sole judgment, the information would, for purposes of Public Officers Law section 87.2(d), constitute a trade secret or is information that, if disclosed, would cause substantial injury to petitioner's competitive position. The petitioner must clearly identify the information requested to be redacted in the original petition and the basis for requesting redaction. Published advisory opinions are available upon request and are also posted on the department's website.

N.Y. Comp. Codes R. & Regs. Tit. 20 § 2376.5