2006 New York Code - General Powers Of Commissioner Of Finance.

 
    §  11-537  General powers of commissioner of finance. (a) General. The
  commissioner of finance shall administer and enforce the tax imposed  by
  this  chapter  and the commissioner is authorized to make such rules and
  regulations, and to require such facts and information to  be  reported,
  as  the commissioner may deem necessary to enforce the provision of this
  chapter; and the  commissioner  may  delegate  his  or  her  powers  and
  functions  under  all parts of this chapter to one of the commissioner's
  deputies  or  to  any  employee  or  employees  of  the   commissioner's
  department.
    (b)  Examination  of  books and witnesses. The commissioner of finance
  for the purpose of ascertaining the correctness of any  return,  or  for
  the purpose of making an estimate of tax of any person, shall have power
  to  examine or to cause to have examined, by any agent or representative
  designated by the commissioner for  that  purpose,  any  books,  papers,
  records or memoranda bearing upon the matters required to be included in
  the  return,  and may require the attendance of the person rendering the
  return or any officer or employee of such person, or the  attendance  of
  any  other  person  having  knowledge  in  the  premises,  and  may take
  testimony and require proof material for the commissioner's information,
  with power to administer oaths to such person or persons.
    (c) Abatement authority. The commissioner of finance, of  his  or  her
  own  motion,  may abate any small unpaid balance of an assessment of tax
  under  this  part,  or  any  liability  in  respect  thereof,   if   the
  commissioner of finance determines under uniform rules prescribed by the
  commissioner that the administration and collection costs involved would
  not  warrant  collection  of  the  amount due. The commissioner may also
  abate, of his or her own motion, the unpaid portion of the assessment of
  any tax or any liability in  respect  thereof,  which  is  excessive  in
  amount,  or is assessed after the expiration of the period of limitation
  properly applicable thereto, or is erroneously or illegally assessed. No
  claim for abatement under this subdivision shall be filed by a taxpayer.
    (d) Special refund authority. Where no questions of fact  or  law  are
  involved  and it appears from the records of the commissioner of finance
  that any moneys have been erroneously or illegally  collected  from  any
  taxpayer or other person, or paid by such taxpayer or other person under
  a  mistake  of  facts,  pursuant  to the provisions of this chapter, the
  commissioner of finance at any time, without regard  to  any  period  of
  limitations,  shall  have  the power, upon making a record of his or her
  reasons therefor in writing, to cause such  moneys  so  paid  and  being
  erroneously and illegally held to be refunded.
    (e)  Cooperation  with the United States, this state and other states.
  Notwithstanding the provisions of section 11-538 of  this  chapter,  the
  commissioner  of finance may permit the secretary of the treasury of the
  United States or the secretary's delegates, or  the  proper  officer  of
  this  or  any  other  state  imposing  an income tax upon the incomes of
  individuals, or the authorized representative of any  such  officer,  to
  inspect  any  return  filed  under  this  chapter or may furnish to such
  officer or his or her authorized representative an abstract of any  such
  return  or  supply  such  officer  with  information  concerning an item
  contained in any such return, or disclosed by any investigation  of  tax
  liability  under  this  chapter, but such permission shall be granted or
  such  information  furnished  to  such   officer   or   such   officer's
  representative  only  if the laws of the United States or of such state,
  as the case may  be,  grant  substantially  similar  privileges  to  the
  commissioner  of  finance  and  such  information  is to be used for tax
  purposes only; and provided further  the  commissioner  of  finance  may
  furnish  to  the  secretary  of the treasury of the United States or the
  secretary's delegates or to the tax commission of the state of New  York


  or  its  delegates  such  returns filed under this chapter and other tax
  information, as he or she may consider proper for use in  court  actions
  or  proceedings  under  the  internal revenue code or the tax law of the
  state  of  New  York, whether civil or criminal, where a written request
  therefor has been made to the commissioner of finance by  the  secretary
  of  the  treasury  or  by  such  tax  commission  or by their delegates,
  provided the laws of the United States or the laws of the state  of  New
  York grant substantially similar powers to the secretary of the treasury
  of  the  United  States  or  the  secretary's  delegates  or to such tax
  commission or its delegates. Where the commissioner of  finance  has  so
  authorized  use  of  returns  or  other  information  in such actions or
  proceedings, officers and employees of the  department  of  finance  may
  testify  in  such  actions  or proceedings in respect to such returns or
  other information.
    (f) (1) Authority to set interest rates. The commissioner  of  finance
  shall  set the overpayment and underpayment rates of interest to be paid
  pursuant to sections 11-524, 11-525 and 11-528 of this chapter,  but  if
  no  such  rate or rates of interest are set, such rate or rates shall be
  deemed to be  set  at  six  percent  per  annum.  Such  overpayment  and
  underpayment  rates  shall  be  the rates prescribed in paragraph two of
  this subdivision, but the underpayment rate shall not be less  than  six
  percent  per  annum.  Any  such rates set by the commissioner of finance
  shall apply to taxes, or any portion thereof, which remain or become due
  or overpaid on or after the date on which such  rates  become  effective
  and shall apply only with respect to interest computed or computable for
  periods or portions of periods occurring in the period during which such
  rates are in effect.
    (2) General rule. (A) Overpayment rate. The overpayment rate set under
  this  subdivision shall be the sum of (i) the federal short-term rate as
  provided under paragraph  three  of  this  subdivision,  plus  (ii)  two
  percentage points.
    (B)   Underpayment   rate.   The  underpayment  rate  set  under  this
  subdivision shall be the sum of  (i)  the  federal  short-term  rate  as
  provided  under  paragraph  three  of  this  subdivision, plus (ii) five
  percentage points.
    (3) Federal short-term rate. For purposes of this subdivision:
    (A) The federal short-term rate for any month  shall  be  the  federal
  short-term  rate  determined  by  the  United  States  secretary  of the
  treasury during such month in accordance with subsection (d) of  section
  twelve  hundred  seventy-four  of  the  internal revenue code for use in
  connection with section six  thousand  six  hundred  twenty-one  of  the
  internal  revenue  code.  Any  such rate shall be rounded to the nearest
  full percent (or, if a multiple of one-half of one  percent,  such  rate
  shall be increased to the next highest full percent).
    (B)  Period  during  which  rate  applies.  (i)  In general. Except as
  provided in clause (ii) of this  subparagraph,  the  federal  short-term
  rate for the first month in each calendar quarter shall apply during the
  first calendar quarter beginning after such month.
    (ii)  Special  rule  for  the  month  of  September,  nineteen hundred
  eighty-nine. The  federal  short-term  rate  for  the  month  of  April,
  nineteen  hundred  eighty-nine  shall  apply with respect to setting the
  overpayment and underpayment rates for the month of September,  nineteen
  hundred eighty-nine.
    (4)  Publication  of interest rates. The commissioner of finance shall
  cause to be published in the city record,  and  give  other  appropriate
  general  notice  of, the interest rates to be set under this subdivision
  no later than twenty days  preceding  the  first  day  of  the  calendar
  quarter  during  which  such  interest  rates  apply.  The  setting  and


  publication  of  such  interest  rates  shall  not  be  included  within
  paragraph  (a)  of subdivision five of section one thousand forty-one of
  the city charter relating to the definition of a rule.
    (5)  Cross-reference.  For  provisions  relating  to  the power of the
  commissioner  of  finance  to  abate  small  amounts  of  interest,  see
  subdivision (c) of this section.
    (g)  In computing the amount of any interest required to be paid under
  this chapter by the commissioner of finance or by the taxpayer,  or  any
  other  amount  determined  by reference to such amount of interest, such
  interest and such  amount  shall  be  compounded  daily.  The  preceding
  sentence  shall  not  apply  for purposes of computing the amount of any
  addition to tax for failure to pay estimated tax under  subdivision  (c)
  of section 11-525 of this chapter.