Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Mar 11, 2010 |
advanced to third reading cal.730 |
Mar 10, 2010 |
reported |
Mar 03, 2010 |
referred to ways and means |
Assembly Bill A10087
2009-2010 Legislative Session
Sponsored By
BRODSKY
Archive: Last Bill Status - On Floor Calendar
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Sheldon Silver
Herman D. Farrell
Ronald Canestrari
Brian Kolb
multi-Sponsors
Peter Abbate
Marc Alessi
Thomas Alfano
Jeffrion Aubry
2009-A10087 (ACTIVE) - Details
2009-A10087 (ACTIVE) - Summary
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; 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.
2009-A10087 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10087 TITLE OF BILL: An act to amend the tax law, in relation to the payment of interest on overpayments PURPOSE: To require that Department of Taxation and Finance to provide for the payment of refunds within 3 days of the receipt of a tax return. SUMMARY OF PROVISIONS: Section one adds a new subdivision twenty-ninth requiring the Department of Taxation and Finance to pay every taxpayer's refund within forty-five days upon receipt by the Department. If the Department is unable to pay a tax refund because of a discrepancy in the taxpayer's return, the Department shall provide written notice to the taxpayer of the discrepancy and when it can be expected to be resolved. Upon the failure to provide a refund or written notice, the department shall pay the taxpayer interest on the refund owed at a rate of six percent per annum. JUSTIFICATION: As the April 15 deadline approaches for tax returns with the State of New York, taxpayers who overpaid their state taxes should receive their refund in a timely fashion. Recently, there have been instances that the State has been withholding refunds which rightfully belong to taxpayers. Although many New Yorkers have in fact received their tax
2009-A10087 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10087 I N A S S E M B L Y March 3, 2010 ___________ Introduced by M. of A. BRODSKY, SILVER, FARRELL, CANESTRARI, KOLB -- Multi-Sponsored by -- M. of A. ABBATE, ALESSI, AUBRY, BENEDETTO, BROOK-KRASNY, CAHILL, CHRISTENSEN, COLTON, CUSICK, CYMBROWITZ, DelMONTE, DESTITO, ENGLEBRIGHT, FIELDS, GABRYSZAK, GALEF, GIBSON, GORDON, GUNTHER, HOYT, HYER-SPENCER, JAFFEE, KAVANAGH, KOON, LANCMAN, LATIMER, LAVINE, LENTOL, LUPARDO, MAGEE, MAISEL, MARKEY, McDONOUGH, MENG, M. MILLER, MILLMAN, MOLINARO, MURRAY, O'DONNELL, O'MARA, PHEF- FER, ROSENTHAL, RUSSELL, SCHIMEL, SKARTADOS, SPANO, STIRPE, SWEENEY, THIELE, TITONE, TITUS, WEINSTEIN, WEISENBERG -- read once and referred to the Committee on Ways and Means AN ACT to amend the tax law, in relation to the payment of interest on overpayments THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subsection (c) of section 688 of the tax law, as amended by chapter 377 of the laws of 1999, is amended to read as follows: (c) Income tax refund within [forty-five] THIRTY days of claim for overpayment.--If any overpayment of tax imposed by this article is cred- ited or refunded within [forty-five] THIRTY days after [the last date prescribed (or permitted by extension of time) for filing the return of such tax on which such overpayment was claimed or within forty-five days after] such return was filed, [whichever is later,] or within six months after a demand is filed pursuant to paragraph six of subsection (b) of section six hundred fifty-one of this chapter, no interest shall be allowed under this section on any such overpayment. In regard to an amended return claiming such overpayment or a claim for credit or refund on which such overpayment was claimed, if such overpayment is refunded within [forty-five] THIRTY days of filing such return or such claim, no interest shall be allowed from the date such return or such claim is filed until the day the refund is made. [For purposes of this subsection, any amended return or claim for credit or refund filed before the last day prescribed (or permitted by extension of time) for the filing of the return of tax for such year shall be considered as filed on such last day.] S 2. This act shall take effect immediately and shall apply to taxable years commencing on and after January 1, 2009.
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