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New York Tax - Part 6 - § 686 Overpayment

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    §  686. Overpayment.-- (a) General.-- The commissioner of taxation and
  finance, within the applicable period  of  limitations,  may  credit  an
  overpayment  of  income tax and interest on such overpayment against any
  liability in respect of any tax imposed by this chapter, including taxes
  imposed under article twenty-three of this chapter, on  the  person  who
  made  the  overpayment,  against  any  liability  in  respect of any tax
  imposed pursuant to the authority of this chapter or any  other  law  on
  such  person if such tax is administered by the commissioner of taxation
  and finance and, as provided in sections one hundred seventy-one-c,  one
  hundred   seventy-one-d,   one   hundred   seventy-one-e,   one  hundred
  seventy-one-f and one hundred seventy-one-l  of  this  chapter,  against
  past-due  support,  a  past-due  legally enforceable debt, a city of New
  York tax warrant judgment debt, and against the amount of a  default  in
  repayment  of  a guaranteed student, state university or city university
  loan. The balance shall be  refunded  by  the  comptroller  out  of  the
  proceeds of the tax retained by him for such general purpose. Any refund
  under  this  section  shall be made only upon the filing of a return and
  upon a certificate of the commissioner approved by the comptroller.  The
  comptroller,  as  a  condition  precedent  to  the  approval  of  such a
  certificate, may examine into the facts as disclosed by  the  return  of
  the  person  who  made  the  overpayment  and other information and data
  available in the files of the commissioner.
    (b) Excessive withholding.--If the amount allowable as  a  credit  for
  tax  withheld  from  the  taxpayer  exceeds  his tax to which the credit
  relates, the excess shall be considered an overpayment.
    (c) Overpayment by employer.--If there has been an overpayment of  tax
  required   to  be  deducted  and  withheld  under  section  six  hundred
  seventy-one, refund shall be made to the employer  only  to  the  extent
  that  the amount of the overpayment was not deducted and withheld by the
  employer.
    (d)  Overpayment  by  a  deceased   person.--Notwithstanding   section
  thirteen  hundred  ten  of  the  surrogate's  court  procedure  act, any
  overpayment by a decedent not in excess of one thousand dollars  may  be
  refunded  to  the  decedent's surviving spouse unless the return for the
  decedent was filed by his or her executor or administrator.
    (e) Credits against estimated  tax.--The  commissioner  may  prescribe
  regulations providing for the crediting against the estimated income tax
  for  any  taxable  year of the amount determined to be an overpayment of
  the income tax for a preceding  taxable  year.  If  any  overpayment  of
  income  tax  is  so  claimed  as  a credit against estimated tax for the
  succeeding taxable year, such amount shall be considered as a payment of
  the income tax for the succeeding taxable year, and no claim for  credit
  or  refund of such overpayment shall be allowed for the taxable year for
  which the overpayment arises, except upon request to the commissioner on
  or before the last day prescribed for the filing of the return  for  the
  succeeding taxable year, determined with regard to any extension of time
  granted.   If  good  cause  is  shown  for  reversing  the  credit,  the
  commissioner may, in his  or  her  discretion,  credit  the  overpayment
  against   a  liability  or  refund  the  overpayment  without  interest.
  Provided, the person who made the overpayment will not  be  relieved  of
  liability  for  any  penalty  imposed  for  a consequent underpayment of
  estimated tax for the succeeding  taxable  year.  The  decision  of  the
  commissioner  to  grant  or deny the request is final and not subject to
  further administrative or judicial review.
    (f) Rule where no tax liability.--If there is no tax liability  for  a
  period  in respect of which an amount is paid as income tax, such amount
  shall be considered an overpayment.

    (g) Assessment and collection after limitation period.--If any  amount
  of  income  tax  is  assessed  or  collected after the expiration of the
  period of limitations properly applicable thereto, such amount shall  be
  considered an overpayment.
    (h)  Cross  reference.  For  provision  barring application of article
  fifty-two of the civil practice law  and  rules  to  any  amount  to  be
  refunded or credited to a taxpayer, see section seven of this chapter.
    (i) Overpayment.--In case of an overpayment of tax required to be paid
  by  an entity as an estimated tax under paragraph four of subsection (c)
  of section six hundred fifty-eight of this article, a  refund  shall  be
  made  to  such  entity  only  to  the  extent  that  such overpayment is
  attributable to a partner, member or shareholder for whom the entity  is
  not required to pay such estimated tax.
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Last modified: February 16, 2014