2023 New York Laws › TAX - Tax › Article 11 - Tax on Mortgages › 263 - Supervisory Power of Commissioner of Taxation and Finance and Comptroller.

§  263.  Supervisory power of commissioner of taxation and finance and
comptroller.  1. (a) The commissioner of taxation and finance shall have
general supervisory power over all recording officers in respect of  the
duties  imposed  by  this  article  and  he  may  make  such  rules  and
regulations for the government of recording officers in respect  to  the
matters  provided  for  in  this article as he may deem proper, provided
that such rules and regulations shall not be inconsistent with  this  or
any other statute.  Whenever a duly verified application for a refund of
mortgage  taxes erroneously paid is made to the commissioner of taxation
and finance or where a discharge has been recorded  in  the  case  of  a
mortgagor  exercising a statutory right of rescission in accordance with
section two hundred fifty-seven-a of this article  who  has  filed  such
application,  it shall be the duty of such commissioner, or the delegate
duly authorized by him in writing, to determine the amount that has been
so paid or which is refundable by reason of the exercise of the right of
rescission and, after audit thereof by the comptroller, to make an order
directing the appropriate recording officer  to  refund  the  amount  so
determined,  together  with  interest at the rate of one-half of one per
centum thereof for each month or fraction of a month for the period from
the date the application for refund in processible form is  received  by
the commissioner of taxation and finance to a date preceding the date of
the  refund  check  by  not  more  than thirty days, except as otherwise
provided in paragraph (b) of this  subdivision.  Provided,  however,  no
such  interest  shall  be  allowed or paid if the refund check is issued
within ninety days of the date  such  application  is  received  and  no
interest  shall  be  allowed  or paid if the amount of interest would be
less than one dollar. The amount so ordered to be  paid  shall  be  paid
from  mortgage  tax  moneys  in such recording officer's hands, or which
shall come to his hands, to the party entitled to  receive  it  and  the
recording  officer  shall  charge  such amount back to the state, public
benefit corporation or tax district, as the case may be, that  may  have
been  credited  with  the same. No refund of tax paid under this article
shall be allowed unless the application for refund is filed  within  two
years from the time the erroneous payment of tax was received or, in the
case of a refund arising out of the exercise of the right of rescission,
within  two  years  from the time of payment of tax or one year from the
date of discharge of the mortgage which is  subject  to  such  exercise,
whichever  is  later.  If any recording officer shall have collected and
paid over to the treasurer of any county, or to the state  or  a  public
benefit  corporation,  a  tax  paid  upon  a  mortgage  which  under the
provisions of section two  hundred  sixty  of  this  chapter  is  to  be
apportioned  by  the  commissioner  of  taxation and finance before such
apportionment has been made, or if any recording officer shall have paid
over to a county treasurer, the state or a  public  benefit  corporation
more  money  than  required on account of mortgage taxes, such recording
officer shall make a report to the commissioner of taxation and  finance
in the form of a verified statement of facts and said commissioner shall
determine  the  method  of  adjustment  and,  after audit thereof by the
comptroller, shall issue his order accordingly.
(b) In any city of this state having a population of  one  million  or
more,  the  overpayment  rate  referred  to  in  paragraph  (a)  of this
subdivision shall be set by the commissioner  of  taxation  and  finance
pursuant  to  subsection  (e) of section one thousand ninety-six of this
chapter, or if no rate is set, at the rate of six percent per annum  for
the  period from the date the application for refund in processible form
is received by the commissioner  of  taxation  and  finance  to  a  date
preceding the date of the refund check by not more than thirty days.
2.  The  comptroller  shall  have  general  supervisory power over all
county treasurers in respect to the duties imposed  upon  them  by  this
article,  and may make such rules and regulations, not inconsistent with
this or any other statute, for the government of said county  treasurers
as  he  deems proper to secure a due accounting for all taxes and moneys
collected or received and refunds and  interest  paid  pursuant  to  any
provision of this article.