S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4776
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced by M. of A. WALTER -- 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
 EVIDENCE  THAT SUCH DOCUMENT OR PAYMENT WAS DELIVERED TO THE COMMISSION-
 ER, BUREAU, OFFICE, OFFICER OR PERSON TO WHICH OR TO WHOM ADDRESSED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04746-01-7

 A. 4776                             2

   § 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.