NY State Senate Bill 2023-S5243

Senate Bill S5243

2023-2024 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

download bill text pdf

Current Bill Status - In Senate Committee Investigations And Government Operations 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to investigations and government operations
Feb 28, 2023	referred to investigations and government operations

2023-S5243 (ACTIVE) - Details

See Assembly Version of this Bill:: A6093
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §171, Tax L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3985
2011-2012: S2631
2013-2014: S3047
2015-2016: S1782
2017-2018: S2152
2019-2020: S4157
2021-2022: S5917

2023-S5243 (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; 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.

2023-S5243 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5243

SPONSOR: WEIK
 
TITLE OF BILL:

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

 
PURPOSE:

To require that Department of Taxation and Finance to provide for the
payment of refunds within 30 days of the receipt of a tax return.

 
SUMMARY OF PROVISIONS:

Section one adds a new subdivision 29 to section 171 requiring the
Department of Taxation and Finance to pay every taxpayer's refund within
thirty days upon receipt by the Department. If the Department is unable
to pay a tax refund because of a discrepancy in the taxpayers 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 an annual rate of six percent.

 
JUSTIFICATION:

As the deadline approaches for filing tax returns with the State of New
York, taxpayers who overpaid their State taxes should receive their
refund in a timely fashion. There have been instances where the State
has been withholding refunds which rightfully belong to taxpayers.
Although many New Yorkers have in fact received their tax refunds in a
timely fashion by the Department, all New Yorkers who are owed a refund
are entitled to it in a reasonable time frame. This legislation would
require the State to act immediately to put this hard earned money back
in the pockets of New York taxpayers.

 
LEGISLATIVE HISTORY:

2022: S5917 Investigations and Government Operations

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately

2023-S5243 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5243
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2023
                                ___________
 
 Introduced  by  Sen.  WEIK  --  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:
 
   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.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09311-01-3

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