NY Tax L § 171-F (2021)
2021 New York Laws TAX - Tax Article 8 - Department of Taxation and Finance; Commissioner of Taxation and Finance 171-F - Certain Overpayments Credited Against Outstanding Debts Owed to a State Agency.

§  171-f. Certain overpayments credited against outstanding debts owed to a state agency. (1) For the purposes  of  this  section,  (a)  "state agency"  shall  mean  any  state  department,  board,  bureau, division, commission, committee, public  authority,  public  benefit  corporation, council,  office, or other governmental entity performing a governmental or proprietary function for the state, or, solely for purposes  of  this section,  a  local social services district; (b) "taxpayer" shall mean a corporation,   association,   company,   partnership,   estate,   trust, liquidator,  fiduciary  or  other  entity  or individual who or which is liable for any tax or other imposition imposed by or pursuant to article nine, nine-A, twenty-two, thirty, thirty-A, thirty-B or thirty-three  of this  chapter  or  article  two-E  of the general city law, which tax or other imposition is administered by the  commissioner  of  taxation  and finance,  or  who  or  which  is under a duty to perform an act under or pursuant to  such  tax  or  imposition,  excluding  a  state  agency,  a municipal  corporation  or a district corporation; and (c) "overpayment" shall mean an overpayment which has been requested or determined  to  be refunded,  a  refund  or  a  reimbursement, of a tax or other imposition imposed by or pursuant to  article  nine,  nine-A,  twenty-two,  thirty, thirty-A,  thirty-B  or thirty-three of this chapter or article two-E of the general city law, which  is  administered  by  the  commissioner  of taxation and finance.  (2)  The commissioner of taxation and finance, upon agreement with the state comptroller and acting as an  agent  for  the  state  comptroller, shall  set  forth  the  procedures  for  crediting  any overpayment by a taxpayer of any tax or other imposition imposed by or authorized  to  be imposed  pursuant to article nine, nine-A, twenty-two, thirty, thirty-A, thirty-B or thirty-three of this chapter or article two-E of the general city law, which is administered by  the  commissioner  of  taxation  and finance,  and  the interest on any such overpayments, against the amount of a past-due legally enforceable debt owed by such taxpayer to a  state agency. An implementation plan shall be developed by the division of the budget  and  the department of taxation and finance which shall provide, but not be limited to, guidance with respect  to  coordination  of  debt collection  pursuant  to  this section and subdivision twenty-seventh of section one hundred seventy-one of this article. This section shall  not be  deemed  to  abrogate or limit in any way the powers and authority of the state comptroller to set off debts owed the state  against  payments from the state, under the constitution of the state or any other law.  (3)  For  purposes of this section a past-due legally enforceable debt against which an overpayment and interest thereon may be credited  shall include any applicable interest or late payment charge and is a debt:  (a)  as  to which the state has (i) obtained a judgment and (ii) given such notice as is required in subdivision (d) of section  five  thousand two hundred twenty-two of the civil practice law and rules; or  (b)  as  to  which  a state agency has (i) made a final administrative determination where the taxpayer had the opportunity for an adjudicatory proceeding to which article three of the state administrative  procedure act  is  applicable, or the taxpayer had an opportunity for a proceeding which substantially complies with the requirements of such article three where such article three is not applicable, or the taxpayer was afforded such notice and  opportunity  to  be  heard  as  satisfies  due  process requirements  applicable  to  such state agency and to such debt, except that if, pursuant to law or regulation,  the  debt  is  not  collectible unless  the  state  agency obtains a judgment, then the debt will not be considered a past-due legally enforceable  debt  for  purposes  of  this section  until such state agency has obtained a final judgment no longer subject to judicial  review  and  (ii)  which  cannot  be  collected  by  administrative  offset  by  the  referring  state agency against amounts payable to the taxpayer by the referring department; and  (c)  with  respect  to which the state agency or the department of law has notified the taxpayer in writing, or has made a  reasonable  attempt to  so  notify the taxpayer at the taxpayer's last address known to such state agency (i) that the debt, which is clearly identified as to amount and nature, is past-due and unless paid within thirty  days  thereafter, would be referred to the department of taxation and finance to be offset against  an  overpayment;  (ii)  that  state  law  permits the offset of certain overpayments against such debts; (iii)  that  the  taxpayer  may request  a  review of the proposed referral for offset by contacting the state agency at a telephone  number  or  an  address  disclosed  in  the notice;  and  (iv)  that  the taxpayer may present, to the state agency, written evidence and arguments in support of his defense to the proposed referral or may appear at a scheduled conference with the  state  agency to  present  oral  arguments and written and oral evidence in support of such defense; provided, however, that nothing herein shall be deemed  to afford  the  taxpayer the opportunity to reargue any issue which was, or could have been, adjudicated in the proceeding  described  in  paragraph (a) or (b) of this subdivision; and  (d)  which the state agency which is the creditor or the department of law, as the case may be, certifies to the commissioner of  taxation  and finance is past-due and legally enforceable.  (4)  The  procedures  set  forth  by  the commissioner of taxation and finance for crediting any overpayments, and the  interest  on  any  such overpayments,  against  a  past-due legally enforceable debt pursuant to this section shall include but shall not be limited to:  (a) the procedure under which the creditor state agency  shall  notify the   commissioner  of  taxation  and  finance  of  a  past-due  legally enforceable debt due from a taxpayer,  specifying  when  the  department will  be  notified, the information to be contained in such notification and the form and format to be used for such notification;  (b) the minimum amount of a past-due legally enforceable debt  against which   the  commissioner  of  taxation  and  finance  shall  credit  an overpayment of tax;  (c)  a  provision  providing  that  information   furnished   to   the commissioner  of  taxation  and  finance and the comptroller pursuant to such procedures shall  be  considered  confidential  and  shall  not  be disclosed, except as otherwise allowed in this chapter;  (d)   a   provision   providing  that  information  furnished  by  the commissioner of taxation and finance pursuant to such  procedures  shall be considered confidential and shall not be disclosed, except the amount of  the  overpayment and interest thereon which has been credited may be disclosed  to  the  taxpayer,  and  the  amount  so  credited  and   the information necessary to properly identify the taxpayer may be disclosed to the creditor state agency; and  (e)  the procedure for reimbursement of the comptroller by the revenue arrearage account, pursuant to section ninety-one-a of the state finance law, for any overpayment and interest thereon which  has  been  credited against  the past-due legally enforceable debt owed by a taxpayer filing a joint return, but which has been refunded by the comptroller, pursuant to paragraph six of subsection (b) of section six hundred  fifty-one  of this  chapter,  to  a  spouse  not  liable  for the amount of a past-due legally enforceable debt owed by such taxpayer.  (5)(a) In calculating  the  amount  of  an  overpayment  and  interest thereon which shall be credited against the amount of a past-due legally enforceable debt owed by a taxpayer which is certified to the department of  taxation  and  finance  for collection pursuant to this section, the  department of taxation and finance shall first  credit  the  overpayment and interest thereon against any:  (i)  liability  of  such  taxpayer  in  respect  of  any  tax or other imposition imposed by this chapter and administered by the  commissioner of taxation and finance;  (ii)  liability  of  such  taxpayer  for  any  tax or other imposition imposed pursuant to the authority of this chapter or any  other  law  if such tax is administered by the commissioner of taxation and finance;  (iii)  estimated  tax for the succeeding taxable year if such taxpayer claims such overpayment  or  a  portion  thereof  as  a  credit  against estimated  tax  for  such succeeding taxable year pursuant to subsection (e) of section six hundred eighty-six or subsection (b) of  section  one thousand  eighty-six  of  this  chapter  or  subdivision  (e) of section 11-1786 of the administrative code of the city of New York  or  for  any tax  imposed  pursuant to the authority of this chapter or any other law if such tax is administered by the commissioner of taxation and finance;  (iv) past-due support owed by the taxpayer  pursuant  to  section  one hundred seventy-one-c of this article;  (v)  unreimbursed medical assistance paid on behalf of a child payable pursuant to section three hundred sixty-seven-a of the  social  services law;  (vi)  the  amount  of  a default in repayment of a state university or city university loan pursuant to section one  hundred  seventy-one-e  of this article.  (b) Only the balance remaining, after the overpayment and the interest thereon  has  been  credited  as  described  in  paragraph  (a)  of this subdivision, shall be certified to the  comptroller  as  an  overpayment plus  any  interest  to be credited, in accordance with paragraph (g) of subdivision three of section one hundred seventy-one-l of this  article, against  a  past-due legally enforceable debt that has been certified to the commissioner of taxation and finance for collection pursuant to this section, and/or a city of New York tax warrant judgment  debt  that  has been   certified  to  the  commissioner  of  taxation  and  finance  for collection  pursuant  to  section  one  hundred  seventy-one-l  of  this article,  with  the  remainder  to  be  refunded to the taxpayer if such remainder is not  required  to  satisfy  the  amount  of  a  default  in repayment  of  a guaranteed student loan pursuant to section one hundred seventy-one-d of this article.  If  a  taxpayer  owes  past-due  legally enforceable debt that has been certified to the commissioner of taxation and finance for collection pursuant to this section and city of New York tax warrant judgment debt that has been certified to the commissioner of taxation  and  finance  for  collection  pursuant to section one hundred seventy-one-l of this article, then the overpayment and interest thereon shall be credited against the debts in the  order  in  which  the  debts accrued.  (b-1)  No taxpayer who has applied for, and is eligible for, an earned income tax credit under subsection (d) of section  six  hundred  six  of this  chapter  shall  have  more than ten percent of any tax overpayment credited against a past due legally enforceable debt owed to the  office of  temporary  and  disability  assistance  for an overpayment of public assistance unless such debt  was  incurred  as  a  result  of  false  or misleading  statements or other grounds set forth in section one hundred forty-five-c of the social services law, which led to a  sanction  under such section.  (c) If a taxpayer owes more than one past-due legally enforceable debt which  is  certified  to  the  commissioner  of taxation and finance for collection pursuant  to  this  section,  the  overpayment  and  interest thereon  shall  be  credited against the debts in the order in which the  debts accrued. A debt shall be considered to have accrued at the time at which the debt became past-due.  (6)  The  commissioner shall (a) certify to the comptroller the amount of each overpayment and the interest  on  such  amount  to  be  credited against each past-due legally enforceable debt pursuant to this section, the  total amount of each such overpayment and the interest on each such overpayment, and the balance, if  any,  of  each  such  overpayment  and interest  thereon  to be refunded to the taxpayer, and (b) shall certify to  the  comptroller,  with  regard  to  each  such  past  due   legally enforceable  debt, the amount of liability underlying such debt which is creditable to unemployment insurance tax, federal funds,  federal  trust funds  or  fiduciary funds, or to the office of temporary and disability assistance or a local social services district relating  to  overpayment of  grants  and  allowances of public assistance or to the department of health  relating  to  overpayments  of  medical   assistance   made   to individuals  who  are or have been enrolled as providers in the New York state medical assistance program as established under  title  eleven  of article five of the social services law.  (7)  The  commissioner  of  taxation  and  finance  shall  notify each taxpayer who makes an overpayment, in writing, of  the  amount  of  such overpayment  and the interest thereon certified to the comptroller as an amount to be credited against a past-due legally enforceable debt  which has  been certified to the commissioner of taxation and finance pursuant to this section and of the name of the state agency which certified  the amount  to  the  commissioner of taxation and finance. Such notice shall include notification to any other person who  may  have  filed  a  joint return  with  the  taxpayer  of  the steps such other person may take in order to secure his or her proper share of the refund.  (8) From the time the commissioner of taxation and finance is notified by a creditor state agency of a past-due legally  enforceable  debt  due from  a  taxpayer,  the  commissioner  of  taxation and finance shall be relieved from all liability to such taxpayer or its assigns, successors, heirs or representatives for the amount of an overpayment  and  interest on  such amount certified to the comptroller, to be credited against the amount of a past-due legally enforceable debt to be  collected  pursuant to  this  section,  and  such taxpayer shall have no right to commence a court action or proceeding or to any other legal  recourse  against  the commissioner  of taxation and finance to recover such overpayment or any interest thereon certified to the comptroller to be credited against the amount of  a  past-due  legally  enforceable  debt.  Provided,  however, nothing  herein  shall be construed to preclude any legal, equitable, or administrative action by such  taxpayer  against  the  certifying  state agency  to  which the amount of overpayment and any interest thereon was credited, with reference to the amount thereof which is greater than the amount of such past-due legally enforceable debt owed by  such  taxpayer on the date of such certification.