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This entry was published on 2014-09-22
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SECTION 263
Supervisory power of commissioner of taxation and finance and comptroller
Tax (TAX) CHAPTER 60, ARTICLE 11
§ 263. Supervisory power of commissioner of taxation and finance and
comptroller. 1. (a) The commissioner of taxation and finance shall have
general supervisory power over all recording officers in respect of the
duties imposed by this article and he may make such rules and
regulations for the government of recording officers in respect to the
matters provided for in this article as he may deem proper, provided
that such rules and regulations shall not be inconsistent with this or
any other statute. Whenever a duly verified application for a refund of
mortgage taxes erroneously paid is made to the commissioner of taxation
and finance or where a discharge has been recorded in the case of a
mortgagor exercising a statutory right of rescission in accordance with
section two hundred fifty-seven-a of this article who has filed such
application, it shall be the duty of such commissioner, or the delegate
duly authorized by him in writing, to determine the amount that has been
so paid or which is refundable by reason of the exercise of the right of
rescission and, after audit thereof by the comptroller, to make an order
directing the appropriate recording officer to refund the amount so
determined, together with interest at the rate of one-half of one per
centum thereof for each month or fraction of a month for the period from
the date the application for refund in processible form is received by
the commissioner of taxation and finance to a date preceding the date of
the refund check by not more than thirty days, except as otherwise
provided in paragraph (b) of this subdivision. Provided, however, no
such interest shall be allowed or paid if the refund check is issued
within ninety days of the date such application is received and no
interest shall be allowed or paid if the amount of interest would be
less than one dollar. The amount so ordered to be paid shall be paid
from mortgage tax moneys in such recording officer's hands, or which
shall come to his hands, to the party entitled to receive it and the
recording officer shall charge such amount back to the state, public
benefit corporation or tax district, as the case may be, that may have
been credited with the same. No refund of tax paid under this article
shall be allowed unless the application for refund is filed within two
years from the time the erroneous payment of tax was received or, in the
case of a refund arising out of the exercise of the right of rescission,
within two years from the time of payment of tax or one year from the
date of discharge of the mortgage which is subject to such exercise,
whichever is later. If any recording officer shall have collected and
paid over to the treasurer of any county, or to the state or a public
benefit corporation, a tax paid upon a mortgage which under the
provisions of section two hundred sixty of this chapter is to be
apportioned by the commissioner of taxation and finance before such
apportionment has been made, or if any recording officer shall have paid
over to a county treasurer, the state or a public benefit corporation
more money than required on account of mortgage taxes, such recording
officer shall make a report to the commissioner of taxation and finance
in the form of a verified statement of facts and said commissioner shall
determine the method of adjustment and, after audit thereof by the
comptroller, shall issue his order accordingly.

(b) In any city of this state having a population of one million or
more, the overpayment rate referred to in paragraph (a) of this
subdivision shall be set by the commissioner of taxation and finance
pursuant to subsection (e) of section one thousand ninety-six of this
chapter, or if no rate is set, at the rate of six percent per annum for
the period from the date the application for refund in processible form
is received by the commissioner of taxation and finance to a date
preceding the date of the refund check by not more than thirty days.

2. The comptroller shall have general supervisory power over all
county treasurers in respect to the duties imposed upon them by this
article, and may make such rules and regulations, not inconsistent with
this or any other statute, for the government of said county treasurers
as he deems proper to secure a due accounting for all taxes and moneys
collected or received and refunds and interest paid pursuant to any
provision of this article.