Bill Text: NY A09243 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires the tax commission to refund any overpayment within 30 days of the filing therefor.

Spectrum: Partisan Bill (Republican 13-0)

Status: (Introduced - Dead) 2012-06-19 - held for consideration in ways and means [A09243 Detail]

Download: New_York-2011-A09243-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9243
                                 I N  A S S E M B L Y
                                   February 9, 2012
                                      ___________
       Introduced  by  M.  of A. WALTER, MONTESANO, CASTELLI, DUPREY, McKEVITT,
         TENNEY -- Multi-Sponsored by -- M. of A.  BARCLAY,  CROUCH,  SALADINO,
         SAYWARD -- 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 pay interest upon refunds  of  overpayments
         of personal income tax in certain cases
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subsection (c) of section 688 of the tax law, as amended by
    2  chapter 377 of the laws of 1999, is amended to read as follows:
    3    (c) Income tax refund within [forty-five] THIRTY  days  of  claim  for
    4  overpayment.--[If  any]  ANY  overpayment of tax imposed by this article
    5  [is credited or] SHALL BE refunded within  [forty-five  days  after  the
    6  last  date prescribed (or permitted by extension of time) for filing the
    7  return of such tax on which  such  overpayment  was  claimed  or  within
    8  forty-five  days  after  such  return  was filed, whichever is later, or
    9  within six months after a demand is filed pursuant to paragraph  six  of
   10  subsection  (b)  of  section  six  hundred fifty-one of this chapter, no
   11  interest shall be allowed under this section on any such overpayment. In
   12  regard to an amended return claiming such overpayment  or  a  claim  for
   13  credit or refund on which such overpayment was claimed, if such overpay-
   14  ment  is  refunded  within forty-five days of filing such return or such
   15  claim, no interest shall be allowed from the date such  return  or  such
   16  claim  is  filed  until the day the refund is made. For purposes of this
   17  subsection, any amended return or  claim  for  credit  or  refund  filed
   18  before  the  last day prescribed (or permitted by extension of time) for
   19  the filing of the return of tax for such year  shall  be  considered  as
   20  filed on such last day] THIRTY DAYS AFTER THE RETURN WAS FILED.  IF SUCH
   21  RETURN IS SENT BY UNITED STATES CERTIFIED MAIL, RETURN RECEIPT REQUESTED
   22  OR BY REGISTERED MAIL, SUCH RECEIPT OR REGISTRATION SHALL BE PRIMA FACIE
   23  EVIDENCE  THAT SUCH DOCUMENT OR PAYMENT WAS DELIVERED TO THE COMMISSION-
   24  ER, BUREAU, OFFICE, OFFICER OR PERSON TO WHICH OR TO WHOM ADDRESSED.
   25    S 2. This act shall take effect on the first of January next  succeed-
   26  ing  the date on which it shall have become a law and shall apply to all
   27  taxable years beginning on and after the first of January in the year in
   28  which this act shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08737-01-1