NY Tax L § 686 (2021)
2021 New York Laws TAX - Tax Article 22 - Personal Income Tax Part 6 - Procedure and Administration 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, 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.