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

                                  5079

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2011
                               ___________

Introduced by M. of A. HAYES, CORWIN, FINCH, HAWLEY, KOLB -- Multi-Spon-
  sored by -- M. of A.  CERETTO, JORDAN, MONTESANO, SAYWARD -- 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 pay interest upon refunds  of  overpayments
  of personal income tax in certain cases

  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]  ANY  overpayment of tax imposed by this article
[is credited or] SHALL BE refunded within  [forty-five  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 overpay-
ment  is  refunded  within forty-five 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] THIRTY DAYS AFTER THE RETURN WAS FILED.  IF SUCH
RETURN IS SENT BY UNITED STATES CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OR BY REGISTERED MAIL, SUCH RECEIPT OR REGISTRATION SHALL BE PRIMA FACIE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08737-01-1

              

A. 5079                             2

EVIDENCE  THAT SUCH DOCUMENT OR PAYMENT WAS DELIVERED TO THE COMMISSION-
ER, BUREAU, OFFICE, OFFICER OR PERSON TO WHICH OR TO WHOM ADDRESSED.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to  all
taxable years beginning on and after the first of January in the year in
which this act shall have become a law.