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; provides 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.
STATE OF NEW YORK
________________________________________________________________________
4157
2019-2020 Regular Sessions
IN SENATE
March 1, 2019
___________
Introduced by Sen. FUNKE -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
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:
1 Section 1. Section 171 of the tax law is amended by adding a new
2 subdivision twenty-ninth to read as follows:
3 Twenty-ninth. (a) Provide for the payment by the department of every
4 refund due a taxpayer pursuant to article twenty-two of this chapter
5 within thirty days of the receipt by the department of the tax return
6 claiming such refund; provided that, if the department is unable to pay
7 a tax refund because of a discrepancy in the taxpayer's tax return, the
8 department shall, within such thirty day period, provide written notice
9 to the taxpayer of the specific discrepancy and a date when such
10 discrepancy can be expected to be resolved.
11 (b) Upon the failure to provide a refund or written notice to a
12 taxpayer pursuant to paragraph (a) of this subdivision, the department
13 shall pay the taxpayer interest on the refund owed at a rate of six
14 percent per annum.
15 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05004-01-9
