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New York Tax Law Section 686 - Overpayment.

Legal Research Home > New York Lawyer > Tax > New York Tax Law Section 686 - Overpayment.

    § 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  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 of taxation and finance  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  of
  taxation and finance.
    (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 tax commission 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.
    (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.

Last modified: September 7, 2006