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Assembly Bill A5133

2011-2012 Legislative Session

Relates to the time period which an application for refund can be made when the refund is based on a clerical error or unlawful entry

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Archive: Last Bill Status - In Assembly Committee

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2011-A5133 (ACTIVE) - Details

See Senate Version of this Bill:
S211
Current Committee:
Assembly Real Property Taxation
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง556, RPT L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2536
2013-2014: A4128
2015-2016: A4029
2017-2018: A5608
2019-2020: A4629
2021-2022: A4293
2023-2024: A2294
2025-2026: A4473

2011-A5133 (ACTIVE) - Summary

Relates to the time period which an application for refund can be made when the refund is based on a clerical error or unlawful entry by allowing a full refund without time limitation.

2011-A5133 (ACTIVE) - Bill Text download pdf 

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

                                  5133

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced  by M. of A. CERETTO -- read once and referred to the Commit-
  tee on Real Property Taxation

AN ACT to amend the real property tax law, in relation to the time peri-
  od for refunds attributable to clerical error or an unlawful entry

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph (a) of subdivision 1 of section 556 of the real
property tax law, as amended by chapter 616 of  the  laws  of  2002,  is
amended to read as follows:
  (a)  Pursuant  to  the  provisions of this section, an appropriate tax
levying body may refund to any person the amount of any tax paid by  him
or  her, or portion thereof, as the case may be, or may provide a credit
against an outstanding tax (i) where such  tax  was  attributable  to  a
clerical error or an unlawful entry [and application for refund or cred-
it  is  made  within  three years from the annexation of the warrant for
such tax], or (ii) where such tax was attributable to an error in essen-
tial fact, other than an error in essential fact as defined in paragraph
(d) of subdivision three of section five hundred fifty  of  this  title,
and  such  application  for  refund or credit is made within three years
from the annexation of the warrant for such tax.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01598-01-1

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