New York Interest On Underpayment.
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§ 11-524 Interest on underpayment. (a) General. If any amount of tax
is not paid on or before the last date prescribed in this chapter for
payment, interest on such amount at the underpayment rate set by the
commissioner of finance pursuant to section 11-537 of this chapter, or,
if no rate is set, at the rate of six percent per annum shall be paid
for the period from such last date to the date paid, whether or not any
extension of time for payment was granted. Interest under this
subdivision shall not be paid if the amount thereof is less than one
dollar.
(b) Exception as to estimated tax. This section shall not apply to any
failure to pay estimated tax under section 11-512 of this chapter.
(c) Exception for mathematical error. No interest shall be imposed on
any underpayment of tax due solely to mathematical error if the taxpayer
files a return within the time prescribed in this chapter (including any
extension of time) and pays the amount of underpayment within three
months after the due date of such return, as it may be extended.
(d) Suspension of interest on deficiencies. If a waiver of
restrictions on assessment of a deficiency has been filed by the
taxpayer, and if notice and demand by the commissioner of finance for
payment of such deficiency is not made within thirty days after the
filing of such waiver, interest shall not be imposed on such deficiency
for the period beginning immediately after such thirtieth day and ending
with the date of notice and demand.
(e) Tax reduced by carryback. If the the amount of tax for any taxable
year is reduced by reason of a carryback of a net operating loss, such
reduction in tax shall not affect the computation of interest under this
section for the period ending with the filing date for the taxable year
in which the net operating loss arises. Such filing date shall be
determined without regard to extensions of time to file.
(f) Interest treated as tax. Interest under this section shall be paid
upon notice and demand and shall be assessed, collected and paid in the
same manner as tax. Any reference in this chapter to the tax imposed by
this chapter shall be deemed also to refer to interest imposed by this
section on such tax.
(g) Interest on penalties or additions to tax. Interest shall be
imposed under subdivision (a) of this section in respect of any
assessable penalty or addition to tax only if such assessable penalty or
addition to tax is not paid within ten days from the date of the notice
and demand therefor under subdivision (b) of section 11-532 of this
chapter, and in such case interest shall be imposed only for the period
from such date of the notice and demand to the date of payment.
(h) Payment within ten days after notice and demand. If notice and
demand is made for payment of any amount under subdivision (b) of
section 11-532 of this chapter, and if such amount is paid within ten
days after the date of such notice and demand, interest under this
section on the amount so paid shall not be imposed for the period after
the date of such notice and demand.
(i) Limitation on assessment and collection. Interest prescribed under
this section may be assessed and collected at any time during the period
within which the tax or other amount to which such interest relates may
be assessed and collected, respectively.
(j) Interest on erroneous refund. Any portion of tax or other amount
which has been erroneously refunded, and which is recoverable by the
commissioner of finance, shall bear interest at the underpayment rate
set by the commissioner of finance pursuant to section 11-537 of this
chapter, or, if no rate is set, at the rate of six percent per annum
from the date of the payment of the refund, but only if it appears that
any part of the refund was induced by fraud or a misrepresentation of a
material fact.
(k) Satisfaction by credits. If any portion of a tax is satisfied by
credit of an overpayment, then no interest shall be imposed under this
section on the portion of the tax so satisfied for any period during
which, if the credit had not been made, interest would have been
allowable with respect to such overpayment.