2023 New York Laws › TAX - Tax › Article 8 - Department of Taxation and Finance; Commissioner of Taxation and Finance › 171-A - Deposit and Disposition of Revenue.

* §  171-a.  Deposit  and  disposition  of  revenue.    1.  All taxes,
  interest, penalties and fees collected or received by  the  commissioner
  or  the commissioner's duly authorized agent under articles nine (except
  section  one  hundred  eighty-two-a  thereof  and  except  as  otherwise
  provided  in section two hundred five thereof), nine-A, twelve-A (except
  as otherwise provided in section  two  hundred  eighty-four-d  thereof),
  thirteen,  thirteen-A  (except  as  otherwise  provided in section three
  hundred twelve thereof), eighteen, nineteen, twenty (except as otherwise
  provided  in  section  four  hundred  eighty-two   thereof),   twenty-B,
  twenty-C,  twenty-D, twenty-one, twenty-two, twenty-four, twenty-four-A,
  twenty-six, twenty-eight (except as otherwise provided in section eleven
  hundred  two  or  eleven   hundred   three   thereof),   twenty-eight-A,
  twenty-eight-D  (except  as otherwise provided in section eleven hundred
  ninety-seven, twenty-nine-B,, thirty-one (except as  otherwise  provided
  in  section  fourteen  hundred  twenty-one  thereof),  thirty-three  and
  thirty-three-A of this chapter shall be deposited daily in  one  account
  with such responsible banks, banking houses or trust companies as may be
  designated by the comptroller, to the credit of the comptroller. Such an
  account  may  be  established  in one or more of such depositories. Such
  deposits shall be kept separate and apart from all other  money  in  the
  possession  of  the  comptroller. The comptroller shall require adequate
  security from all such depositories.  Of the total revenue collected  or
  received  under  such  articles  of  this chapter, the comptroller shall
  retain in the comptroller's hands such amount as  the  commissioner  may
  determine  to  be  necessary  for  refunds  or reimbursements under such
  articles of this chapter out of which amount the comptroller  shall  pay
  any refunds or reimbursements to which taxpayers shall be entitled under
  the  provisions  of  such articles of this chapter. The commissioner and
  the comptroller shall maintain a system of accounts showing  the  amount
  of  revenue collected or received from each of the taxes imposed by such
  articles. The comptroller,  after  reserving  the  amount  to  pay  such
  refunds  or  reimbursements,  shall,  on or before the tenth day of each
  month, pay into the state treasury to the credit of the general fund all
  revenue deposited under this section during the preceding calendar month
  and remaining to the comptroller's  credit  on  the  last  day  of  such
  preceding  month, (i) except that the comptroller shall pay to the state
  department of social services that amount of overpayments of tax imposed
  by article twenty-two of this chapter and the interest  on  such  amount
  which  is certified to the comptroller by the commissioner as the amount
  to be credited against past-due support pursuant to subdivision  six  of
  section  one hundred seventy-one-c of this article, (ii) and except that
  the comptroller shall  pay  to  the  New  York  state  higher  education
  services  corporation  and  the state university of New York or the city
  university of New York respectively that amount of overpayments  of  tax
  imposed  by  article twenty-two of this chapter and the interest on such
  amount which is certified to the comptroller by the commissioner as  the
  amount  to  be  credited  against the amount of defaults in repayment of
  guaranteed student loans and state university loans or  city  university
  loans  pursuant to subdivision five of section one hundred seventy-one-d
  and subdivision  six  of  section  one  hundred  seventy-one-e  of  this
  article,  (iii)  and  except  further that, notwithstanding any law, the
  comptroller shall credit to the revenue arrearage account,  pursuant  to
  section   ninety-one-a   of  the  state  finance  law,  that  amount  of
  overpayment of tax imposed by article nine, nine-A, twenty-two,  thirty,
  thirty-A,  thirty-B  or  thirty-three  of this chapter, and any interest
  thereon, which is certified to the comptroller by  the  commissioner  as
  the  amount  to  be credited against a past-due legally enforceable debt
  owed to a state agency pursuant to paragraph (a) of subdivision  six  of

  section one hundred seventy-one-f of this article, provided, however, he
  shall  credit  to  the  special  offset  fiduciary  account, pursuant to
  section  ninety-one-c  of  the  state  finance  law,  any  such   amount
  creditable  as  a liability as set forth in paragraph (b) of subdivision
  six of section one hundred  seventy-one-f  of  this  article,  (iv)  and
  except  further  that  the comptroller shall pay to the city of New York
  that amount of overpayment of  tax  imposed  by  article  nine,  nine-A,
  twenty-two,  thirty,  thirty-A, thirty-B or thirty-three of this chapter
  and any interest thereon that is certified to  the  comptroller  by  the
  commissioner  as  the amount to be credited against city of New York tax
  warrant judgment debt pursuant to section one hundred  seventy-one-l  of
  this article, (v) and except further that the comptroller shall pay to a
  non-obligated  spouse  that  amount  of  overpayment  of  tax imposed by
  article twenty-two of this chapter and the interest on such amount which
  has been credited pursuant to section  one  hundred  seventy-one-c,  one
  hundred   seventy-one-d,   one   hundred   seventy-one-e,   one  hundred
  seventy-one-f or one hundred seventy-one-l of this article and which  is
  certified  to the comptroller by the commissioner as the amount due such
  non-obligated spouse pursuant to paragraph  six  of  subsection  (b)  of
  section  six hundred fifty-one of this chapter; and (vi) the comptroller
  shall deduct a like amount which the  comptroller  shall  pay  into  the
  treasury  to  the  credit  of the general fund from amounts subsequently
  payable to the department of social services, the  state  university  of
  New  York,  the  city  university  of  New York, or the higher education
  services corporation, or the revenue arrearage account or special offset
  fiduciary account pursuant to section ninety-one-a  or  ninety-one-c  of
  the  state  finance law, as the case may be, whichever had been credited
  the amount originally withheld from such  overpayment,  and  (vii)  with
  respect to amounts originally withheld from such overpayment pursuant to
  section  one  hundred seventy-one-l of this article and paid to the city
  of New York, the comptroller shall collect a like amount from  the  city
  of New York.
2.  Notwithstanding  subdivision  one  of  this  section  or any other
  provision of law to the contrary, the taxes imposed pursuant to sections
  one hundred  eighty-three-a,  one  hundred  eighty-four-a,  one  hundred
  eighty-six-c,  two  hundred  nine-B  and  fifteen hundred five-a of this
  chapter, reduced  by  an  amount  for  administrative  costs,  shall  be
  deposited   to  the  credit  of  the  metropolitan  mass  transportation
  operating  assistance  account  in  the  mass  transportation  operating
  assistance fund, created pursuant to section eighty-eight-a of the state
  finance  law,  as such taxes are received. The amount for administrative
  costs shall be determined by the commissioner  to  represent  reasonable
  costs  of  the  department  of  taxation  and  finance in administering,
  collecting, determining  and  distributing  such  taxes.  Of  the  total
  revenue  collected  or received under such sections of this chapter, the
  comptroller shall retain in his hands such amount  as  the  commissioner
  may  determine  to be necessary for refunds or reimbursements under such
  sections of this chapter out of which amount the comptroller  shall  pay
  any refunds or reimbursements to which taxpayers shall be entitled under
  provisions  of  such  sections. The tax commissioner and the comptroller
  shall maintain a system  of  accounts  showing  the  amount  of  revenue
  collected or received from each of the taxes imposed by such sections.
* NB There are 2 § 171-a's