STATE OF NEW YORK
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4882
2015-2016 Regular Sessions
IN ASSEMBLY
February 9, 2015
___________
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:
1 Section 1. Subsection (c) of section 688 of the tax law, as amended by
2 chapter 377 of the laws of 1999, is amended to read as follows:
3 (c) Income tax refund within [forty-five] thirty days of claim for
4 overpayment.--[If any] Any overpayment of tax imposed by this article
5 [is credited or] shall be refunded within [forty-five days after the
6 last date prescribed (or permitted by extension of time) for filing the
7 return of such tax on which such overpayment was claimed or within
8 forty-five days after such return was filed, whichever is later, or
9 within six months after a demand is filed pursuant to paragraph six of
10 subsection (b) of section six hundred fifty-one of this chapter, no
11 interest shall be allowed under this section on any such overpayment. In
12 regard to an amended return claiming such overpayment or a claim for
13 credit or refund on which such overpayment was claimed, if such overpay-
14 ment is refunded within forty-five days of filing such return or such
15 claim, no interest shall be allowed from the date such return or such
16 claim is filed until the day the refund is made. For purposes of this
17 subsection, any amended return or claim for credit or refund filed
18 before the last day prescribed (or permitted by extension of time) for
19 the filing of the return of tax for such year shall be considered as
20 filed on such last day] thirty days after the return was filed. If such
21 return is sent by United States certified mail, return receipt requested
22 or by registered mail, such receipt or registration shall be prima facie
23 evidence that such document or payment was delivered to the commission-
24 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.
LBD08261-01-5
A. 4882 2
1 § 2. This act shall take effect on the first of January next succeed-
2 ing the date on which it shall have become a law and shall apply to all
3 taxable years beginning on and after the first of January in the year in
4 which this act shall have become a law.
