§ 263 — Supervisory power of commissioner of taxation and finance and comptroller

New York § 263

• Jurisdiction: New York
• Law TAX: Tax
• Art. 11: Tax On Mortgages

Text

§ 263. Supervisory power of commissioner of taxation and finance and\ncomptroller. 1. (a) The commissioner of taxation and finance shall have\ngeneral supervisory power over all recording officers in respect of the\nduties imposed by this article and he may make such rules and\nregulations for the government of recording officers in respect to the\nmatters provided for in this article as he may deem proper, provided\nthat such rules and regulations shall not be inconsistent with this or\nany other statute. Whenever a duly verified application for a refund of\nmortgage taxes erroneously paid is made to the commissioner of taxation\nand finance or where a discharge has been recorded in the case of a\nmortgagor exercising a statutory right of rescission in accordance with\nsection two hundred fifty-seven-a of this article who has filed such\napplication, it shall be the duty of such commissioner, or the delegate\nduly authorized by him in writing, to determine the amount that has been\nso paid or which is refundable by reason of the exercise of the right of\nrescission and, after audit thereof by the comptroller, to make an order\ndirecting the appropriate recording officer to refund the amount so\ndetermined, together with interest at the rate of one-half of one per\ncentum thereof for each month or fraction of a month for the period from\nthe date the application for refund in processible form is received by\nthe commissioner of taxation and finance to a date preceding the date of\nthe refund check by not more than thirty days, except as otherwise\nprovided in paragraph (b) of this subdivision. Provided, however, no\nsuch interest shall be allowed or paid if the refund check is issued\nwithin ninety days of the date such application is received and no\ninterest shall be allowed or paid if the amount of interest would be\nless than one dollar. The amount so ordered to be paid shall be paid\nfrom mortgage tax moneys in such recording officer's hands, or which\nshall come to his hands, to the party entitled to receive it and the\nrecording officer shall charge such amount back to the state, public\nbenefit corporation or tax district, as the case may be, that may have\nbeen credited with the same. No refund of tax paid under this article\nshall be allowed unless the application for refund is filed within two\nyears from the time the erroneous payment of tax was received or, in the\ncase of a refund arising out of the exercise of the right of rescission,\nwithin two years from the time of payment of tax or one year from the\ndate of discharge of the mortgage which is subject to such exercise,\nwhichever is later. If any recording officer shall have collected and\npaid over to the treasurer of any county, or to the state or a public\nbenefit corporation, a tax paid upon a mortgage which under the\nprovisions of section two hundred sixty of this chapter is to be\napportioned by the commissioner of taxation and finance before such\napportionment has been made, or if any recording officer shall have paid\nover to a county treasurer, the state or a public benefit corporation\nmore money than required on account of mortgage taxes, such recording\nofficer shall make a report to the commissioner of taxation and finance\nin the form of a verified statement of facts and said commissioner shall\ndetermine the method of adjustment and, after audit thereof by the\ncomptroller, shall issue his order accordingly.\n (b) In any city of this state having a population of one million or\nmore, the overpayment rate referred to in paragraph (a) of this\nsubdivision shall be set by the commissioner of taxation and finance\npursuant to subsection (e) of section one thousand ninety-six of this\nchapter, or if no rate is set, at the rate of six percent per annum for\nthe period from the date the application for refund in processible form\nis received by the commissioner of taxation and finance to a date\npreceding the date of the refund check by not more than thirty days.\n 2. The comptroller shall have general supervisory power over all\ncounty treasurers in respect to the duties imposed upon them by this\narticle, and may make such rules and regulations, not inconsistent with\nthis or any other statute, for the government of said county treasurers\nas he deems proper to secure a due accounting for all taxes and moneys\ncollected or received and refunds and interest paid pursuant to any\nprovision of this article.\n