Taxpayer Rights - A Guide to Tax Form Regulations

Every permanent resident residing in the United StatesFailure to contact the department first prior to filing the
are required by law to pay their taxes, but every statecase in court can result in your inability to get back all
has their own rules and regulations to follow whichyour litigation costs, even if the court rules in your
may not be relevant in others. It is for this reason thatfavor.
one should always be aware of the specific taxTaxpayers are also allowed to claim refunds if they
regulations enforced by the state that he or she isbelieve that they paid too much tax as needed when
living in, as ignorance of the law is not a good groundfiling their New York state tax forms. These refunds
for disobeying it. The New York state tax forms, moreshould be filed within three years of the date the return
specifically, also comes with some set of tax laws thatwas due, or two years after the date of the paid tax,
every taxpayer should know.depending on which comes first. The law dictates that
According to the New York Taxpayers' Bill of Rights,the failure of the department to pay these refunds
the tax department should provide taxpayers with awithin a certain duration would result in the taxpayer
guide that would explain their rights, along with thebeing paid a certain interest on his personal income tax
duties and responsibilities of the department inrefund.
enforcing taxes and tax liabilities. Some people mayThere are three common causes for tax penalties: late
receive tax audits after they have filled out and filedfiling of the taxpayers' New York state tax forms,
their New York state tax forms; this does not meanoverdue taxes, and tax underpayment. These
that the department is finding them guilty of taxpenalties are usually dependent on a percentage of
evasion, but is merely trying to verify the accuracy ofthe tax that is due, and interest will continue to be
the tax that had been filed.added until payment is given to the department.
If the taxpayers disagree with any action that theComplaints against these actions can be filed by filling
department has undertaken, they also have the right toin a Request for Conciliation Conference, or a Petition
appeal their decision in court. Before filing yourfor a tax appeals hearing. This should be filed within a
complaints in court however, it is important that youcertain period from the department's notification of
first contact the department to resolve all differencestheir actions. Conciliation conference committees will
out of court, and to provide all the necessaryreview all the presented evidence provided by both
information needed for its resolution. It is only afterparties, and then issue a binding order to resolve this
these have been exhausted without any resolution oncase, which can also be contested if you file a petition
either side that the case should be taken to court.for hearing within the next 90 days.