Bill Text: NY S02152 | 2017-2018 | 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: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2018-03-05 - referred to ways and means [S02152 Detail]

Download: New_York-2017-S02152-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2152
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 12, 2017
                                       ___________
        Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
          when printed to be committed to the Committee  on  Investigations  and
          Government Operations
        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    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01509-01-7