- They must not currently be under audit by the Tax Department for the tax type and tax year(s) that they are disclosing.
- They must not have received a bill for the past due taxes that they are disclosing.
- They must not be under criminal investigation by a New York State agency or political subdivision of the state.
- They must not be seeking to disclose participation in a tax avoidance transaction (commonly known as a tax shelter) that is a federal or New York State reportable or listed transaction.
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