§ 132 — Interest on underpayment

New York § 132

• Jurisdiction: New York
• Law GCM: General City Model 772/66

Text

§ 132. Interest on underpayment. (a) General.--If any amount of income\ntax is not paid on or before the last date prescribed in this title for\npayment, interest on such amount at the rate set by the commissioner of\nfinance pursuant to section one hundred forty-five, or, if no rate is\nset, at the rate of six percentum per annum shall be paid for the period\nfrom such last date to the date paid, whether or not any extension of\ntime for payment was granted. Interest under this subdivision shall not\nbe paid if the amount thereof is less than one dollar.\n (b) Exception as to estimated tax.--This section shall not apply to\nany failure to pay estimated tax under section one hundred sixteen.\n (c) Exception for mathematical error.--No interest shall be imposed on\nany underpayment of tax due solely to mathematical error if the taxpayer\nfiles a return within the time prescribed in this title (including any\nextension of time) and pays the amount of underpayment within three\nmonths after the due date of such return, as it may be extended.\n (e) Suspension of interest on deficiencies.--If a waiver of\nrestrictions on assessment of a deficiency has been filed by the\ntaxpayer, and if notice and demand by the director of finance for\npayment of such deficiency is not made within thirty days after the\nfiling of such waiver, interest shall not be imposed on such deficiency\nfor the period beginning immediately after such thirtieth day and ending\nwith the date of notice and demand.\n (f) Tax reduced by carryback.--If the amount of tax for any taxable\nyear is reduced by reason of a carryback of a net operating loss, such\nreduction in tax shall not affect the computation of interest under this\nsection for the period ending with the filing date for the taxable year\nin which the net operating loss arises. Such filing date shall be\ndetermined without regard to extensions of time to file.\n (g) Interest treated as tax.--Interest under this section shall be\npaid upon notice and demand and shall be assessed, collected and paid in\nthe same manner as income tax. Any reference in this title to the tax\nimposed by this title shall be deemed also to refer to interest imposed\nby this section on such tax.\n (h) Interest on penalties or additions to tax.--Interest shall be\nimposed under subdivision (a) in respect of any assessable penalty or\naddition to tax only if such assessable penalty or addition to tax is\nnot paid within ten days from the date of the notice and demand therefor\nunder subdivision (b) of section one hundred forty, and in such case\ninterest shall be imposed only for the period from such date of the\nnotice and demand to the date of payment.\n (i) Payment prior to notice of deficiency.--If, prior to the mailing\nto the taxpayer of a notice of deficiency under subdivision (b) of\nsection one hundred twenty-nine, the director of finance mails to the\ntaxpayer a notice of proposed increase of tax and within thirty days\nafter the date of the notice of proposed increase the taxpayer pays all\namounts shown on the notice to be due to the director of finance, no\ninterest under this section on the amount so paid shall be imposed for\nthe period after the date of such notice of proposed increase.\n (j) Payment within ninety days after notice of deficiency.-- If a\nnotice of deficiency under section one hundred twenty-nine is mailed to\nthe taxpayer, and the total amount specified in such notice is paid on\nor before the ninetieth day after the date of mailing, interest under\nthis section shall not be imposed for the period after the date of the\nnotice.\n (k) Payment within ten days after notice and demand.--If notice and\ndemand is made for payment of any amount under subdivision (b) of\nsection one hundred forty, and if such amount is paid within ten days\nafter the date of such notice and demand, interest under this section on\nthe amount so paid shall not be imposed for the period after the date of\nsuch notice and demand.\n (l) Limitation on assessment and collection.--Interest prescribed\nunder this section may be assessed and collected at any time during the\nperiod within which the tax or other amount to which such interest\nrelates may be assessed and collected, respectively.\n (m) Interest on erroneous refund.--Any portion of tax or other amount\nwhich has been erroneously refunded, and which is recoverable by the\ncommissioner of finance, shall bear interest at the rate set by the\ncommissioner of finance pursuant to section one hundred forty-five, or,\nif no rate is set, at the rate of six per centum per annum from the date\nof the payment of the refund, but only if it appears that any part of\nthe refund was induced by fraud or a misrepresentation of a material\nfact.\n (n) Satisfaction by credits.--If any portion of a tax is satisfied by\ncredit of an overpayment, then no interest shall be imposed under this\nsection on the portion of the tax so satisfied for any period during\nwhich, if the credit had not been made, interest would have been\nallowable with respect to such overpayment.\n