New York Consolidated Law|SECTION 1086

                                                

  § 1086. Overpayment.--- (a) General.--The commissioner of taxation and
finance, within the applicable period of limitations, may credit an
overpayment of tax and interest on such overpayment against any
liability in respect of any tax imposed by the tax law on the taxpayer
who made the overpayment, or against any liability for a past-due
legally enforceable debt of which he is notified pursuant to section one
hundred seventy-one-f of this chapter, or against any city of New York
tax warrant judgment debt of which he is notified pursuant to section
one hundred seventy-one-l of this chapter, and the balance shall be
refunded by the comptroller out of the proceeds of the tax retained by
him for such general purpose. Provided, however, in the case of an
overpayment claimed on a return or report, such refund shall be made
only if application therefor is made on such return or report. In the
absence of such application, the amount of such overpayment with respect
to any taxable year shall be credited against, and considered as, a
payment of tax liability with respect to such tax for the succeeding
taxable year and shall be credited against the estimated tax, if any,
for such year (whether or not claimed as a credit in the declaration of
estimated tax for such succeeding taxable year). The commissioner shall
notify the taxpayer that such overpayment has been so credited, and the
taxpayer may, prior to the due date (without regard to extensions) of
the taxpayer's return or report for such succeeding taxable year, claim
a refund of such overpayment. 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 taxpayer who made the
overpayment and other information and data available in the files of the
commissioner.

(b) Credits against estimated tax.---The commissioner may prescribe
regulations providing for the crediting against the estimated tax under
article nine-a for any taxable year of the amount determined to be an
overpayment of tax under such article for a preceding taxable year. If
any overpayment of 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 tax under article nine-a of this chapter for the
succeeding taxable year (whether or not claimed as a credit in the
declaration of estimated tax for such 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.

(c) Rule where no tax liability.---If there is no tax liability for a
period in respect of which an amount is paid as tax, such amount shall
be considered an overpayment.

(d) Assessment and collection after limitation period.---If any amount
of tax is assessed or collected after the expiration of the period of
limitations properly applicable thereto, such amount shall be considered
an overpayment.

(e) Assignment of overpayment.---A credit for an overpayment of tax
under article nine, nine-a, nine-b or nine-c may be assigned by the
taxpayer to a corporation liable to pay taxes under any of such
articles, and the assignee of the whole or any part of such credit, on
filing such assignment with the tax commission, shall thereupon be
entitled to credit upon the books of the tax commission for the amount
thereof on its current account for taxes, in the same manner and to the
same effect as though the credit had originally been allowed in its
favor.