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; 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.
S T A T E O F N E W Y O R K
________________________________________________________________________
9219
I N A S S E M B L Y
April 2, 2014
___________
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.
LBD07848-01-3
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