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

                                  3488

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2015
                               ___________

Introduced  by M. of A. GLICK -- 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  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:

  Section  1.  Section  171  of  the  tax law is amended by adding a new
subdivision twenty-ninth to read as follows:
  TWENTY-NINTH. (A) PROVIDE FOR THE PAYMENT BY THE DEPARTMENT  OF  EVERY
REFUND  DUE  A  TAXPAYER  PURSUANT TO ARTICLE TWENTY-TWO OF THIS CHAPTER
WITHIN THIRTY DAYS OF THE RECEIPT BY THE DEPARTMENT OF  THE  TAX  RETURN
CLAIMING  SUCH REFUND; PROVIDED THAT, IF THE DEPARTMENT IS UNABLE TO PAY
A TAX REFUND BECAUSE OF A DISCREPANCY IN THE TAXPAYER'S TAX RETURN,  THE
DEPARTMENT  SHALL, WITHIN SUCH THIRTY DAY PERIOD, PROVIDE WRITTEN NOTICE
TO THE TAXPAYER OF  THE  SPECIFIC  DISCREPANCY  AND  A  DATE  WHEN  SUCH
DISCREPANCY CAN BE EXPECTED TO BE RESOLVED.
  (B)  UPON  THE  FAILURE  TO  PROVIDE  A  REFUND OR WRITTEN NOTICE TO A
TAXPAYER PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION,  THE  DEPARTMENT
SHALL  PAY  THE  TAXPAYER  INTEREST  ON THE REFUND OWED AT A RATE OF SIX
PERCENT PER ANNUM.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03914-01-5