Bill Text: NY A03488 | 2015-2016 | General Assembly | Introduced

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Bill Title: Requires the commissioner of taxation and finance to provide for the payment by the department of taxation and finance of tax refunds within 30 days of the receipt of a taxpayer's tax return, unless there is a discrepancy in such return, in which case the department shall provide written notice to the taxpayer of such discrepancy and a date when the discrepancy will be resolved; provides failure to comply with such refund and notice requirement shall make the department of taxation and finance liable for interest on the refund due at a rate of 6% per annum.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - referred to ways and means [A03488 Detail]

Download: New_York-2015-A03488-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3488
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 23, 2015
                                      ___________
       Introduced  by M. of A. GLICK -- read once and referred to the Committee
         on Ways and Means
       AN ACT to amend the tax law, in relation to requiring  the  commissioner
         of  taxation  and  finance  to  provide  for the timely payment of tax
         refunds to taxpayers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  171  of  the  tax law is amended by adding a new
    2  subdivision twenty-ninth to read as follows:
    3    TWENTY-NINTH. (A) PROVIDE FOR THE PAYMENT BY THE DEPARTMENT  OF  EVERY
    4  REFUND  DUE  A  TAXPAYER  PURSUANT TO ARTICLE TWENTY-TWO OF THIS CHAPTER
    5  WITHIN THIRTY DAYS OF THE RECEIPT BY THE DEPARTMENT OF  THE  TAX  RETURN
    6  CLAIMING  SUCH REFUND; PROVIDED THAT, IF THE DEPARTMENT IS UNABLE TO PAY
    7  A TAX REFUND BECAUSE OF A DISCREPANCY IN THE TAXPAYER'S TAX RETURN,  THE
    8  DEPARTMENT  SHALL, WITHIN SUCH THIRTY DAY PERIOD, PROVIDE WRITTEN NOTICE
    9  TO THE TAXPAYER OF  THE  SPECIFIC  DISCREPANCY  AND  A  DATE  WHEN  SUCH
   10  DISCREPANCY CAN BE EXPECTED TO BE RESOLVED.
   11    (B)  UPON  THE  FAILURE  TO  PROVIDE  A  REFUND OR WRITTEN NOTICE TO A
   12  TAXPAYER PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION,  THE  DEPARTMENT
   13  SHALL  PAY  THE  TAXPAYER  INTEREST  ON THE REFUND OWED AT A RATE OF SIX
   14  PERCENT PER ANNUM.
   15    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03914-01-5