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What is NYC AC § 11-2110?

Quick Answer

This section establishes that the remedies outlined in sections 11-2107 and 11-2108 are the exclusive means for reviewing tax liabilities under this chapter. It restricts the ability to challenge tax determinations through other legal actions, except under specific conditions. Applies to taxpayers seeking to contest tax assessments.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 11-2110 Remedies exclusive.

AC § 11-2110

The remedies provided by sections 11-2107 and 11-2108 of this chapter shall be exclusive remedies available to any person for the review of tax liability imposed by this chapter; and no determination or proposed determination of tax or determination on any application for refund shall be enjoined or reviewed by an action for declaratory judgment, an action for money had and received or by any action or proceeding other than a proceeding in the nature of a certiorari proceeding under article seventy-eight of the civil practice law and rules; provided, however, that a taxpayer may proceed by declaratory judgment if he or she institutes suit within thirty days after a deficiency assessment is made and pays the amount of the deficiency assessment to the commissioner of finance prior to the institution of such suit and posts a bond for costs as provided in section 11-2107 of this chapter.

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