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Department of Taxation and Finance

Office of the Taxpayer Rights Advocate

How we can help you

If you have trouble resolving a tax issue with the Department of Taxation and Finance and have exhausted all other administrative remedies, the Taxpayer Rights Advocate may be able to help.

We respond to all requests for help. We listen to your problem, examine your situation, check department records, and discuss your complaint with you. If you need a person to assist you, or if the department is being unresponsive, we can step in to help. Sometimes the help might be simply connecting you with the right person in the department's appropriate division.

The advocate  helps:

  • ensure fair and consistent application of New York tax law and department policies
  • promote taxpayer issues and concerns to department policymakers and state legislators
  • provide a fresh look at individual tax situations that have exhausted all other administrative avenues
  • solve problems and suggest options to taxpayer dilemmas
  • advocate for individual taxpayer concerns

The advocate cannot:

  • change New York State tax law for individual situations
  • change time limits for filing, payment, or refunds
  • act as legal counsel for individual situations
  • help you with your federal income tax, or taxes you pay to other states (although we can provide names of people at those agencies who can help)

If you have exhausted all administrative options and still think you have a legitimate claim for relief, please contact the Taxpayer Rights Advocate office.

Mail

  1. Complete Form DTF-911, Request for Assistance from the Office of the Taxpayer Rights Advocate.
  2. Mail the form to:

    NYS TAX DEPARTMENT
    OFFICE OF THE TAXPAYER RIGHTS ADVOCATE
    W A HARRIMAN CAMPUS
    ALBANY NY 12227-0912

Fax

  1. Fill out completely Form DTF-911, Request for Assistance from the Office of the Taxpayer Rights Advocate.
  2. Fax the form to 518-435-8532.

Telephone

  1. Have at hand any documentation relevant to the matter you need to resolve, such as:
    • the names of the tax laws, policies, or regulations;
    • records of any correspondence you have had with the Tax Department.

  2. Call 518-530-4357.

The Office of the Taxpayer Rights Advocate was established in 2009 as a place for taxpayers to receive an independent review of their tax situation while promoting and upholding the department's mission of fair and equitable application of the tax laws. Besides review of specific cases, we participate in the department’s policy committees, lobby for taxpayer issues, and propose legislation. We also educate the public about the department’s policies, processes, and procedures, and about New York tax laws.

Your voice

We report directly to the department commissioner, not to any taxing or collection divisions.  We also participate in various department tax policy teams to proactively comment on prospective policies that affect taxpayers.

If you identify a problem with the Tax Department or tax code that will affect other taxpayers, you may have identified a systemic problem.

Report a systemic problem

You can challenge a notice you received from the Tax Department that states you have protest rights. You can either:

  • request for a conciliation conference, or
  • petition for a Tax Appeals hearing.

Protest a department notice

Resources

Having trouble with your tax preparer? See file a Tax Preparer Complaint.

Refund claims

We cannot accept refund status inquiries for any tax year unless:

  • there's been an undue delay of more than four months in the processing of the claim, and
  • you have already inquired about the claim through the department's established methods for refunds.

If it's been fewer than four months, you can check your income tax refund status online.

Check your refund status 

For more information about the status of other tax refunds, please see Contact us.

 

Demo: The New York State Taxpayer Rights Advocate

Demo: The New York State Taxpayer Rights Advocate

How to Request Assistance

Demo: NYS Your Rights as a Taxpayer

Demo: NYS Your Rights as a Taxpayer

Improvement opportunities

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