New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter B - Real Estate Transfer Tax › Part 575 - General Provisions › Section 575.16 - Refunds

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, §§ 1412, 1420
(a) A grantor or grantee claiming to have
				  erroneously paid the tax imposed by Article 31 of the Tax Law or some other
				  person designated by such grantor or grantee may file an application for refund
				  within two years from the date of payment. If a taxpayer has consented in
				  writing to the extension of the period for determination of tax due, as
				  provided in section
				  575.15(c) 
				  of this Part, the period for filing an application for a refund will not expire
				  prior to six months after the extended period in which a determination of tax
				  due may be made. The application for refund must be filed on a form prescribed
				  by the department.
(b) The
				  application for refund may be granted or denied in whole or in part. The
				  department shall notify the applicant of its determination by mail. The
				  determination is final and irrevocable unless the applicant, within 90 days
				  after the mailing of the determination, petitions the Division of Tax Appeals
				  for a hearing. After a hearing, the administrative law judge shall mail a
				  notice of the determination to the applicant and to the department. The
				  determination of the administrative law judge may be reviewed by the Tax
				  Appeals Tribunal as provided by section 2006.7 of the Tax Law. (See Part 3000
				  of this Title.) The applicant may petition for judicial review of the decision
				  of the Tax Appeals Tribunal provided that the applicant files an undertaking
				  with the department for such amount and with such sureties as a justice of the
				  Supreme Court shall approve, to the effect that if such proceeding is dismissed
				  or the tax confirmed, the applicant will pay all costs and charges which may
				  accrue in the prosecution of the proceeding.
(c) A person shall not be entitled to a
				  refund of tax, interest or penalty determined to be due pursuant to section 1411  of the Tax Law where the person has
				  had a hearing or an opportunity for a hearing or has failed to take advantage
				  of the remedies provided. However, a person filing a signed statement with the
				  department consenting to the tax due, before a determination assessing tax is
				  issued to that person, may apply for a refund within the time provided in
				  subdivision (a) of this section. Tax, interest or penalty determined to be due
				  by the department may be refunded only if the determination is found to be
				  erroneous, illegal, unconstitutional or otherwise improper after review by the
				  Tax Appeals Tribunal, on the Commissioner's own motion or in a proceeding under
				  Article 78 of the Civil Practice Law and Rules.
(d) Interest amounting to one dollar or more
				  shall be allowed upon any refund. Interest at the overpayment rate shall be
				  paid 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 30 days. 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. For the
				  overpayment rate of interest, see Part 2393 of this Title.
(e) All claims for refund must be filed with
				  the Department of Taxation and Finance, Transaction and Transfer Tax Bureau,
				  Real Estate Transfer Tax Section, Building 9, W. A. Harriman Campus, Albany,
				  New York 12227.