NY Tax L § 1412 (2021)
2021 New York Laws TAX - Tax Article 31 - Real Estate Transfer Tax 1412 - Refunds.

§ 1412. Refunds. (a) A grantor or grantee claiming to have erroneously paid  the tax imposed by this article or some other person designated by such grantor or grantee may file an application for  refund  within  two years from the date of payment. Such application shall be filed with the commissioner of taxation and finance on a form which he shall prescribe.  (b)  The  commissioner  of taxation and finance may grant or deny such application in whole or in part and shall notify the applicant  by  mail accordingly.  Such  determination  shall be final and irrevocable unless the applicant shall, within ninety days after the mailing of  notice  of such  determination, petition the division of tax appeals for a hearing. After such hearing, the administrative law judge shall  mail  notice  of its  determination  to the applicant and to the commissioner of taxation and finance. Such determination may  be  reviewed  by  the  tax  appeals tribunal  as  provided in article forty of this chapter. The decision of the tax appeals tribunal may be reviewed  as  provided  in  section  two thousand sixteen of this chapter. A proceeding for judicial review shall not  be  instituted unless an undertaking is filed with the commissioner of taxation and finance in such amount  and  with  such  sureties  as  a justice  of  the  supreme court shall approve to the effect that if such proceeding be dismissed or the tax confirmed, the  petitioner  will  pay all  costs  and  charges  which  may  accrue  in the prosecution of such proceeding.  (c) A person shall not be entitled to a refund under this section of a tax, interest or penalty which had been determined to be due pursuant to the provisions of section fourteen hundred eleven of this article  where he  has  had  a  hearing or an opportunity for a hearing, as provided in said section, or has failed to avail himself  of  the  remedies  therein provided. However, a person filing with the commissioner of taxation and finance a signed statement in writing, as provided in subdivision (b) of section  fourteen hundred eleven of this article, before a determination assessing tax, pursuant to subdivision (a) of section  fourteen  hundred eleven,  is  issued,  shall,  nevertheless,  be  entitled to apply for a refund pursuant to subdivisions (a) and (b) of this section, as long  as such  application  is  made within the time limitation set forth in such subdivision (a). No refund shall be made of a tax, interest  or  penalty paid  after  a determination by the commissioner of taxation and finance made pursuant to section fourteen hundred eleven unless it is found that such  determination  was  erroneous,  illegal  or  unconstitutional   or otherwise  improper  after  review by the tax appeals tribunal or of the commissioner of taxation and finance's own motion, or  in  a  proceeding under  article  seventy-eight  of  the  civil  practice  law  and rules, pursuant to the provisions of  section  two  thousand  sixteen  of  this chapter,  in  which  event  refund shall be made of the tax, interest or penalty found to have been overpaid.  (d) Interest shall be allowed and paid upon any refund  made  pursuant to  this section except that no interest shall be allowed or paid if the amount thereof would be less than one dollar. Such interest shall be  at the overpayment rate set pursuant to section fourteen hundred sixteen of this  article  and shall have like application, or if no rate is set, at the rate of six per centum per annum from the date when the tax, penalty or interest refunded was paid to a date preceding the date of the refund check by not more than thirty days. Provided, however, for  purposes  of this  subdivision  any  tax  paid before the last day prescribed for its payment shall be deemed to have been paid on such last day.