Senate Bill S7136

2009-2010 Legislative Session

Requires the commissioner of taxation and finance to provide for the payment of refunds within 30 days of the receipt of a tax return

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

  • 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

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2009-S7136 (ACTIVE) - Details

See Assembly Version of this Bill:
A10087
Current Committee:
Senate Finance
Law Section:
Tax Law
Laws Affected:
Amd ยง688, Tax L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4510, A7057
2013-2014: A5428
2015-2016: A3244
2017-2018: A2200

2009-S7136 (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-S7136 (ACTIVE) - Sponsor Memo

2009-S7136 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7136

                            I N  S E N A T E

                             March 16, 2010
                               ___________

Introduced  by  Sen.  WINNER -- 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 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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08248-04-0

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