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A10087Assembly2009-2010 SessionSame asS7136

Requires the commissioner of taxation and finance to provide for the payment of refunds within 30 days of the receipt of a tax return

Sponsor Richard BrodskyAD-92+4 co-sponsorsAffects Finance
Status
Assembly Floor Calendar
Impact
Pending
Passage
Pending

Bill progress

Step 3 of 7

Floor calendar · Mar 11

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History

  1. Advanced to third reading cal.730
  2. Reported
  3. Referred to ways and means

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S7136Senate

Requires the commissioner of taxation and finance to provide for the payment of refunds within 30 days of the receipt of a tax return

In Senate Committee · Finance · Sponsor George Winner

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A10087

Title of bill

An act to amend the tax law, in relation to the payment of interest on overpayments

Purpose

To require that Department of Taxation and Finance to provide for the payment of refunds within 3 days of the receipt of a tax return.

Summary of provisions

Section one adds a new subdivision twenty-ninth requiring the Department of Taxation and Finance to pay every taxpayer's refund within forty-five days upon receipt by the Department. If the Department is unable to pay a tax refund because of a discrepancy in the taxpayer's return, the Department shall provide written notice to the taxpayer of the discrepancy and when it can be expected to be resolved. Upon the failure to provide a refund or written notice, the department shall pay the taxpayer interest on the refund owed at a rate of six percent per annum.

Justification

As the April 15 deadline approaches for tax returns with the State of New York, taxpayers who overpaid their state taxes should receive their refund in a timely fashion. Recently, there have been instances that the State has been withholding refunds which rightfully belong to taxpayers. Although many New Yorkers have in fact received their tax refunds in a timely fashion by the Department, all New yorkers who are owed a refund are entitled to it in a reasonable time frame. This legislation would require the State to act immediately to put this hard earned money back in the pockets of hard working New York taxpayers.

Legislative history

A6954 of 2005.

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.