(a) A taxpayer may,on or before the date that disclosure would otherwise be requiredunder this Part, submit a request to the Department of Taxation andFinance for a determination as to whether a transaction is subjectto the disclosure requirements of this Part. The request for a determinationshall be submitted to the address designated by the department forsuch purpose. If the request fully discloses all relevant facts relatingto the transaction, the potential obligation of that taxpayer to disclosethe transaction will be suspended during the period that the determinationrequest is pending and, if the department subsequently concludes thatthe transaction is a New York reportable transaction subject to disclosureunder this Part, until the 60th day after the issuance of the determination(or, if the request is withdrawn, 60 days after the date that therequest is withdrawn). Furthermore, in the determination, the commissionermay determine that the submission satisfies the disclosure rules underthis Part for that particular transaction or type of transaction.

If a taxpayer is uncertain whether a transactionmust be disclosed under this Part, the taxpayer may disclose the transactionin accordance with the requirements of this Part, and indicate onthe appropriate forms that the taxpayer is uncertain whether the transactionis required to be disclosed under this Part and that the disclosureis being filed on a protective basis.

If a taxpayerrequests a determination on the merits of a specific New York reportabletransaction on or before the date that disclosure would otherwisebe required under this Part, and receives a favorable determinationas to the transaction, the disclosure rules under this Part will bedeemed to have been satisfied by that taxpayer with regard to thattransaction, so long as the request fully discloses all relevant factsrelating to the transaction which would otherwise be required to bedisclosed under this Part.