Bill Text: NY S04157 | 2019-2020 | General Assembly | Introduced

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: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced) 2019-03-01 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S04157 Detail]

Download: New_York-2019-S04157-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                      March 1, 2019
        Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment 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.