Back-period exposure & voluntary disclosure
New York offers a Voluntary Disclosure and Compliance program for sellers who come forward before the Department contacts them. Disclosing proactively limits your lookback period and can eliminate penalties.
- Lookback
- Generally 3 years under a VDA — the Department's standard audit lookback can extend further if you are contacted first
- Penalties
- Waived when the application is accepted and all back taxes and interest are paid
- Interest
- Still owed — voluntary disclosure does not eliminate interest on underpaid tax
- Unfiled returns
- No statute of limitations applies until returns are actually filed