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What is NYC AC § 11-713?

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This section outlines the powers of the commissioner of finance, including the ability to adopt regulations, extend filing deadlines, request information from tax authorities, delegate functions, assess taxes, and determine rent allocations for tax purposes. Applies to property owners and tenants involved in taxable premises.

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

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§ 11-713 General powers of the commissioner of finance.

AC § 11-713

In addition to the powers granted to the commissioner of finance in this chapter, the commissioner is hereby authorized and empowered: 1. To make, adopt and amend rules and regulations appropriate to the carrying out of this chapter and the purposes thereof; 2. To extend, for cause shown, the time for filing any return for a period not exceeding ninety days; and to compromise disputed claims in connection with the taxes hereby imposed; 3. To request information from the tax commission of the state on New York or the treasury department of the United States relative to any person; and to afford information to such tax commission or such treasury department relative to any person; 4. To delegate the commissioner's functions hereunder to a deputy commissioner of finance or other employee or employees of the commissioner's department; 5. To assess, determine, revise and adjust the taxes imposed under this chapter; 6. To require any tenant who uses premises for both residential purposes and as taxable premises and who pays an undivided rent for the entire premises so used to provide the commissioner with a signed and notarized request to the United States director of internal revenue for photostatic copies of the tenant's income tax return for any year when the commissioner deems such income tax return necessary to determine the rent ascribable to so much of such premises as is used as taxable premises; and, if the tenant refuses to provide the commissioner with such a signed written request, to treat the rent for the entire premises as the rent for so much as is used as taxable premises; 7. To prescribe methods for determining how much of any tenant's base rent is ascribable to a use which results in a reduction of the base rent or for determining any other division of rent or of use of premises necessary for the determination of the base rent or the amount of base rent subject to tax under this chapter; 8. To authorize banks or trust companies which are depositories or financial agents of the city to receive and give a receipt for any tax imposed under this chapter in such manner, at such times, and under such conditions as the commissioner of finance may prescribe; and the commissioner of finance shall prescribe the manner, times and conditions under which the receipt of such tax by such banks and trust companies is to be treated as payment of such tax to the commissioner of finance.

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