S T A T E O F N E W Y O R K
________________________________________________________________________
5100
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
___________
Introduced by M. of A. BRODSKY -- read once and referred to the Commit-
tee 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 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 TAXPAY-
ER 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.
LBD08248-01-9