Bill Text: NY A05133 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 5133 (Prior Session Legislation)

Introduced

Bill Title: Relates to the time period which an application for refund can be made when the refund is based on a clerical error or unlawful entry by allowing a full refund without time limitation.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-03-13 - held for consideration in real property taxation [A05133 Detail]

Download: New_York-2011-A05133-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5133
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 14, 2011
                                      ___________
       Introduced  by M. of A. CERETTO -- read once and referred to the Commit-
         tee on Real Property Taxation
       AN ACT to amend the real property tax law, in relation to the time peri-
         od for refunds attributable to clerical error or an unlawful entry
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph (a) of subdivision 1 of section 556 of the real
    2  property tax law, as amended by chapter 616 of  the  laws  of  2002,  is
    3  amended to read as follows:
    4    (a)  Pursuant  to  the  provisions of this section, an appropriate tax
    5  levying body may refund to any person the amount of any tax paid by  him
    6  or  her, or portion thereof, as the case may be, or may provide a credit
    7  against an outstanding tax (i) where such  tax  was  attributable  to  a
    8  clerical error or an unlawful entry [and application for refund or cred-
    9  it  is  made  within  three years from the annexation of the warrant for
   10  such tax], or (ii) where such tax was attributable to an error in essen-
   11  tial fact, other than an error in essential fact as defined in paragraph
   12  (d) of subdivision three of section five hundred fifty  of  this  title,
   13  and  such  application  for  refund or credit is made within three years
   14  from the annexation of the warrant for such tax.
   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.
                                                                  LBD01598-01-1