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NOTICE OF TAXPAYER RIGHTS
Notification of Your Right to Protest an Action Taken by the New York City Department of Finance
If you disagree with an action taken by the Department of Small Claims Hearing
Finance (the issuance of a Notice of Determination pro- You may elect to have your hearing held in the Small
posing a tax deficiency or a Notice of Disallowance deny- Claims Unit of the Tax Appeals Tribunal if the amount in
ing a refund claim), you may contest this action by filing dispute is $10,000 or less, exclusive of penalties and in-
EITHER a Request for a Conciliation Conference with the terest. A small claims hearing is conducted informally by
Department of Finance OR a Petition for Hearing with the an impartial Presiding Officer of the Tribunal who will
Tax Appeals Tribunal. FAILURE TO TIMELY FILE issue a conclusive determination which is not subject to re-
YOUR REQUEST OR PETITION WILL RESULT IN view by the Tribunal Commissioners or by any court.
THE STATUTORY NOTICE BECOMING FINAL AND,
If you want a hearing before the Tribunal you must, within
WHERE APPLICABLE, SUBJECT TO COLLECTION.
the applicable time period, BOTH: (1) file a written Peti-
tion for Hearing with the:
CONCILIATION CONFERENCE
New York City Tax Appeals Tribunal
A Conciliation Conference is a rapid and inexpensive way
Administrative Law Judge Division
to resolve protests without a formal hearing. The confer-
1 Centre Street, Suite 2430
ence is conducted informally by a conciliation conferee
New York, NY 10007
who will review all of the evidence presented to determine
a fair result. After the conference, the conferee will issue AND (2) serve a copy of the Petition for Hearing on the
a proposed resolution of the case. If you do not agree with Commissioner of Finance (as provided on the Petition for
the proposed resolution, the conciliation proceeding will Hearing). A Petition for Hearing form (TAXAPPET) and
be discontinued and you will have 90 days to file a Petition the Tribunal’s Rules of Practice and Procedure can be
for Hearing with the Tax Appeals Tribunal. The operation downloaded from the following website:
of the Conciliation Bureau is governed by Title 19, Ch. 38
of the Rules of the City of New York. http://nyc.gov/html/tat/html/home/home.shtml
If you wish to request a Conciliation Conference, complete or can be requested by writing to the New York City Tax
this form in duplicate, including all supporting documen- Appeals Tribunal or by calling 212-669-4501.
tation, and return it to the address indicated on the reverse
side of this form within the time period stated on the statu- POWER OF ATTORNEY
tory notice issued to you by the Department of Finance. IF
A duly executed Power of Attorney must accompany the
YOU HAVE ALREADY FILED A PETITION FOR
filing of a Request for a Conciliation Conference or a Pe-
HEARING WITH THE NEW YORK CITY TAX AP-
tition for Hearing if the taxpayer is being represented by
PEALS TRIBUNAL, DO NOT FILE THIS REQUEST
and/or the filing is signed by someone other than: (1) a
FORM.
duly authorized officer of a corporate taxpayer, (2) a gen-
eral partner of a taxpayer that is a partnership, or (3) an
TAX APPEALS TRIBUNAL HEARING
adult spouse, registered domestic partner, parent, guardian
Administrative Law Judge Hearing or the person who prepared the return in the case of a tax-
A hearing is an adversarial proceeding conducted by an im- payer who is a minor or who is physically or mentally in-
partial Administrative Law Judge of the Tax Appeals Tri- capable of representing himself or herself. A Power of
bunal. After the hearing, the Administrative Law Judge will Attorney form (POA-1) can be downloaded from the fol-
issue a written determination which will finally decide the lowing website:
matter(s) in dispute unless either you or the Commissioner
http://www.nyc.gov/html/dof/downloads/pdf/poa/poa1.pdf
of Finance timely requests that the Commissioners of the
Tax Appeals Tribunal review the Administrative Law
Judge’s determination. If such a review is requested, the
record of hearing and any additional oral and/or written ar-
guments will be reviewed and considered by the Commis-
sioners of the Tribunal who will issue a decision affirming,
reversing, or modifying the Administrative Law Judge’s de-
termination or referring the matter back for further hearing.
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