§ 513 — Refunds

New York § 513

• Jurisdiction: New York
• Law TAX: Tax
• Art. 21: Highway Use Tax

Text

§ 513. Refunds. Whenever the commissioner shall determine that any\nmonies received under the provisions of this article were paid in error,\nhe may cause the same to be refunded or credited, with interest, in\naccordance with such rules and regulations as he may prescribe, except\nthat no interest shall be allowed or paid if the amount thereof would be\nless than one dollar. Such interest shall be at the overpayment rate set\nby the commissioner pursuant to subdivision twenty-sixth of section one\nhundred seventy-one of this chapter, or if no rate is set, at the rate\nof six percent per annum, from the date when the tax, penalty or\ninterest to be refunded or credited was paid to a date preceding the\ndate of the refund check by not more than thirty days. Provided,\nhowever, that for the purposes of this section, any tax paid before the\nlast day prescribed for its payment shall be deemed to have been paid on\nsuch last day. Such moneys received under the provisions of this article\nwhich the commissioner shall determine were paid in error, may be\nrefunded or credited out of funds in the custody of the comptroller to\nthe credit of such taxes provided an application therefor is filed with\nthe commissioner within four years from the time the erroneous payment\nwas made, except if an agreement under the provisions of section five\nhundred ten (extending the period for determination of tax imposed by\nthis article) is made within the four-year period for the filing of an\napplication for refund provided for in this section, the period for\nfiling an application for refund shall not expire prior to six months\nafter the expiration of the period within which a determination may be\nmade pursuant to the agreement or any extension thereof.\n