2006 New York Code - Deposit And Disposition Of Revenue.

 
    §  312. Deposit and disposition of revenue.--(a) Except as provided in
  sections three hundred one-f and three hundred one-g of this chapter, of
  all of the taxes, interest and penalties collected or  received  by  the
  commissioner  of taxation and finance under section three hundred one of
  this article with respect to any taxable year  commencing  on  or  after
  April  first,  nineteen  hundred  eighty-four and to that portion of any
  taxable year commencing prior thereto to the extent of that  portion  of
  such  year  which  includes the period which commences with April first,
  nineteen hundred eighty-four, seventy-two and seven-tenths percent shall
  be deposited and disposed of pursuant to the provisions of  section  one
  hundred  seventy-one-a  of this chapter and the balance thereof shall be
  deposited in the mass transportation operating assistance  fund  to  the
  credit  of  the  metropolitan  mass  transportation operating assistance
  account and  the  public  transportation  systems  operating  assistance
  account  thereof in the manner provided by subdivision eleven of section
  one hundred eighty-two-a of this chapter. Provided,  however,  that  the
  actual  amount  of  such  taxes,  interest  and penalties which shall be
  deposited in such mass transportation operating assistance fund pursuant
  to this  section  during  the  twelve-month  period  from  April  first,
  nineteen  hundred  eighty-four  to  and  including  March  thirty-first,
  nineteen hundred eighty-five shall not be less  than  an  amount  which,
  when  added  to  the actual amount that is deposited in such fund during
  such twelve-month period and that is attributable to the taxes, interest
  and  penalties  collected  and  received  under  section   one   hundred
  eighty-two-a  of  this  chapter,  yields the sum of seventy-nine million
  five hundred thousand dollars and provided further that of  such  actual
  amounts  deposited  in such fund pursuant to this section and to section
  one hundred eighty-two-a of this chapter during the twelve-month  period
  from  April  first,  nineteen hundred eighty-five to March thirty-first,
  nineteen hundred eighty-six and  during  the  twelve-month  period  from
  April first, nineteen hundred eighty-six to March thirty-first, nineteen
  hundred  eighty-seven, the amount which shall be deposited to the credit
  of  the  public  transportation  systems  operating  assistance  account
  thereof  during  each  such  period  shall  be  not less than thirty-six
  million dollars.
    Provided further that if  the  total  amount  deposited  in  the  mass
  transportation  operating assistance fund during the twelve month period
  commencing April first, nineteen hundred eighty-five  pursuant  to  this
  section  and to section one hundred eighty-two-a of this chapter is less
  than eighty million dollars, the comptroller shall deposit to the credit
  of the metropolitan mass transportation operating assistance account  on
  or  after April first, nineteen hundred eighty-six and on or before June
  thirtieth, nineteen hundred eighty-six from  any  taxes,  interest,  and
  penalties  collected  or  received  by  the commissioner of taxation and
  finance under this article in addition to amounts which would  otherwise
  be  deposited  to  the  credit  of  the  mass  transportation  operating
  assistance fund, an  amount  equal  to  the  difference  between  eighty
  million   dollars  and  the  amounts  actually  deposited  in  the  mass
  transportation operating assistance fund during such twelve-month period
  pursuant to this section and to section one hundred eighty-two-a of this
  chapter. Provided further that if the total amount deposited in the mass
  transportation operating assistance fund during the twelve month  period
  commencing  April  first,  nineteen  hundred eighty-six pursuant to this
  section and  to  section  one  hundred  eighty-two-a  of  this  chapter,
  exclusive  of  the  amount  deposited  in such fund to the credit of the
  metropolitan mass transportation  operating  assistance  account  on  or
  after  April  first,  nineteen  hundred eighty-six and on or before June
  thirtieth,  nineteen  hundred  eighty-six  pursuant  to  the   preceding
  sentence,  is  less  than  eighty million dollars, the comptroller shall
  deposit to the credit of the metropolitan mass transportation  operating
  assistance   account   on   or   after  April  first,  nineteen  hundred
  eighty-seven   and   on  or  before  June  thirtieth,  nineteen  hundred
  eighty-seven from  any  taxes,  interest,  and  penalties  collected  or
  received  by the commissioner of taxation and finance under this article
  in addition to amounts which would otherwise be deposited to the  credit
  of the mass transportation operating assistance fund, an amount equal to
  the  difference  between eighty million dollars and the amounts actually
  deposited in the mass transportation operating  assistance  fund  during
  such  twelve-month  period  pursuant  to this section and to section one
  hundred eighty-two-a of this chapter, exclusive of the amount  deposited
  in  such  fund  to  the  credit  of the metropolitan mass transportation
  operating assistance account on or after April first,  nineteen  hundred
  eighty-six  and on or before June thirtieth, nineteen hundred eighty-six
  pursuant to the preceding sentence.  Provided,  further,  however,  with
  respect  to  all  taxes,  and  interest  and penalties relating thereto,
  collected or received by the commissioner of taxation and finance  under
  the  tax  imposed  by  section  three  hundred  one of this article with
  respect to any taxable year commencing on and after June first, nineteen
  hundred ninety and to that portion of any taxable year commencing  prior
  thereto  to  the  extent of that portion of such year which includes the
  period which commences June first, nineteen hundred ninety,  eighty-nine
  and one-half percent of such collections shall be deposited and disposed
  of  pursuant  to  the provisions of section one hundred seventy-one-a of
  this chapter and the balance thereof shall  be  deposited  in  the  mass
  transportation   operating   assistance   fund  to  the  credit  of  the
  metropolitan mass transportation operating assistance  account  and  the
  public  transportation  systems  operating assistance account thereof in
  the manner  provided  by  subdivision  eleven  of  section  one  hundred
  eighty-two-a of this chapter.
    (b)  Of  all of the taxes collected or received by the commissioner on
  or before March thirty-first,  nineteen  hundred  ninety-one  under  the
  taxes imposed by sections three hundred one-a and three hundred one-e of
  this   article,   and  all  interest  and  penalties  relating  thereto,
  eighty-seven and five-hundredths percent of such  collections  shall  be
  deposited  and  disposed  of  pursuant  to the provisions of section one
  hundred seventy-one-a of this chapter and the balance thereof  shall  be
  deposited  in  the  mass transportation operating assistance fund to the
  credit of the  metropolitan  mass  transportation  operating  assistance
  account  and  the  public  transportation  systems  operating assistance
  account thereof in the manner provided by subdivision eleven of  section
  one  hundred  eighty-two-a  of  this chapter. Of all taxes, interest and
  penalties collected  or  received  after  March  thirty-first,  nineteen
  hundred   ninety-one,   and   before   April   first,  nineteen  hundred
  ninety-three, from the taxes imposed by sections three hundred one-a and
  three hundred one-e of this article, initially thirty-five percent shall
  be deposited and disposed  of  pursuant  to  such  section  one  hundred
  seventy-one-a. The balance thereof shall then be disposed of as follows:
  seventy-two  and seven-tenths percent shall be deposited and disposed of
  pursuant to such section one hundred seventy-one-a and twenty-seven  and
  three-tenths  percent  shall  be  deposited  in such mass transportation
  operating assistance fund  as  prescribed  in  the  aforestated  manner.
  Except  as  otherwise  provided,  of  all  taxes, interest and penalties
  collected  or  received  after  March  thirty-first,  nineteen   hundred
  ninety-three, and before April first, nineteen hundred ninety-four, from
  the  taxes  imposed  by  sections  three hundred one-a and three hundred
  one-e of  this  article,  (i)  initially  fifty-four  percent  shall  be
  deposited,  as  prescribed  by  subdivision (d) of section three hundred
  one-j of this chapter, (ii) twenty-eight and three-tenths percent  shall
  be  deposited  and  disposed  of  pursuant  to  such section one hundred
  seventy-one-a  of  this  chapter in the general fund and (iii) seventeen
  and seven-tenths percent shall be deposited in such mass  transportation
  operating  assistance  fund  as  prescribed  in  the aforestated manner.
  Provided, however, that, prior to such  deposit,  from  the  amounts  so
  collected  or  received  during  the period commencing on January first,
  nineteen hundred ninety-four and ending on March thirty-first,  nineteen
  hundred  ninety-four,  an  amount  equal  to  the  portion of the taxes,
  interest and penalties so  received  or  collected  resulting  from  the
  amendments  made  by  sections  forty-two, forty-three and forty-four of
  chapter fifty-seven of the laws of nineteen hundred  ninety-three  shall
  be  deposited  and disposed of pursuant to the provisions of subdivision
  one of section one hundred seventy-one-a  of  this  chapter.  Except  as
  otherwise  provided,  of  all taxes, interest and penalties collected or
  received on or after April first, nineteen hundred ninety-four, from the
  taxes imposed by sections three hundred one-a and three hundred one-e of
  this article, (i) initially fifty-four percent shall  be  deposited,  as
  prescribed  by  subdivision  (d)  of section three hundred one-j of this
  article, (ii) twenty-eight and three-tenths percent shall  be  deposited
  and  disposed  of  pursuant to such section one hundred seventy-one-a of
  this  chapter  in  the  general  fund,  (iii)  seven  and  nine  hundred
  sixty-five   thousandths   percent  shall  be  deposited  in  such  mass
  transportation  operating  assistance  fund   as   prescribed   in   the
  aforestated   manner   and  (iv)  nine  and  seven  hundred  thirty-five
  thousandths percent shall be deposited in the revenue accumulation fund.
  Except as otherwise provided,  of  all  taxes,  interest  and  penalties
  collected  or  received  on  or  after September first, nineteen hundred
  ninety-four and before September first,  nineteen  hundred  ninety-five,
  from the taxes imposed by sections three hundred one-a and three hundred
  one-e  of  this  article,  (i)  initially  fifty-nine  percent  shall be
  deposited, as prescribed by subdivision (d)  of  section  three  hundred
  one-j  of this article, (ii) twenty-two and four-tenths percent shall be
  deposited  and  disposed  of  pursuant  to  such  section  one   hundred
  seventy-one-a of this chapter in the general fund, (iii) eight and three
  hundred  seventy  thousandths  percent  shall  be deposited in such mass
  transportation  operating  assistance  fund   as   prescribed   in   the
  aforestated  manner  and  (iv)  ten  and  two hundred thirty thousandths
  percent shall be deposited in the revenue accumulation fund.  Except  as
  otherwise  provided,  of all taxes, interest and penalties, collected or
  received on or after September first, nineteen hundred  ninety-five  and
  before  April  first, nineteen hundred ninety-six from the taxes imposed
  by sections three hundred one-a and three hundred one-e of this article,
  (i) initially sixty-two and eight-tenths percent shall be  deposited  as
  prescribed  by  subdivision  (d)  of section three hundred one-j of this
  article, (ii) eighteen  percent  shall  be  deposited  and  disposed  of
  pursuant  to  section  one  hundred seventy-one-a of this chapter in the
  general fund, (iii) eight and  six  hundred  forty  thousandths  percent
  shall be deposited in such mass transportation operating assistance fund
  as  prescribed  in  the aforestated manner and (iv) ten and five hundred
  sixty thousandths percent shall be deposited in the revenue accumulation
  fund. Except as otherwise provided, of all taxes, interest and penalties
  collected  or  received  on  or  after  April  first,  nineteen  hundred
  ninety-six, and before January first, nineteen hundred ninety-seven from
  the  taxes  imposed  by  sections  three hundred one-a and three hundred
  one-e of  this  article,  (i)  initially  sixty-three  and  three-tenths
  percent  shall be deposited, as prescribed by subdivision (d) of section
  three hundred one-j of this  article,  (ii)  seventeen  and  four-tenths
  percent  shall be deposited and disposed of pursuant to such section one
  hundred seventy-one-a of this chapter in  the  general  fund  and  (iii)
  nineteen  and  three-tenths  percent  shall  be  deposited  in such mass
  transportation  operating  assistance  fund   as   prescribed   in   the
  aforestated  manner.    Except  as  otherwise  provided,  of  all taxes,
  interest and penalties collected or received on or after January  first,
  nineteen hundred ninety-seven and before January first, nineteen hundred
  ninety-eight  from the taxes imposed by sections three hundred one-a and
  three hundred  one-e  of  this  article,  (i)  initially  sixty-six  and
  two-tenths  percent shall be deposited, as prescribed by subdivision (d)
  of section three hundred  one-j  of  this  article,  (ii)  fourteen  and
  one-half  percent  shall  be  deposited and disposed of pursuant to such
  section one hundred seventy-one-a of this chapter in  the  general  fund
  and  (iii)  nineteen and three-tenths percent shall be deposited in such
  mass transportation operating  assistance  fund  as  prescribed  in  the
  aforestated  manner.    Except  as  otherwise  provided,  of  all taxes,
  interest and penalties collected or received on or after January  first,
  nineteen  hundred  ninety-eight and before April first, nineteen hundred
  ninety-nine from the taxes imposed by sections three hundred  one-a  and
  three  hundred  one-e  of  this  article,  (i) initially sixty-eight and
  one-tenth percent shall be deposited, as prescribed by  subdivision  (d)
  of  section  three  hundred  one-j  of  this  article,  (ii)  twelve and
  four-tenths percent shall be deposited and disposed of pursuant to  such
  section  one  hundred  seventy-one-a of this chapter in the general fund
  and (iii) nineteen and one-half percent shall be deposited in such  mass
  transportation   operating   assistance   fund   as  prescribed  in  the
  aforestated manner.    Except  as  otherwise  provided,  of  all  taxes,
  interest  and  penalties  collected or received on or after April first,
  nineteen hundred ninety-nine, from the taxes imposed by  sections  three
  hundred  one-a  and  three  hundred one-e of this article, (i) initially
  sixty-nine and eight-tenths percent shall be deposited, as prescribed by
  subdivision (d) of section three hundred one-j of this article, (ii) ten
  and seven-tenths percent shall be deposited and disposed of pursuant  to
  such  section  one  hundred seventy-one-a of this chapter in the general
  fund and (iii) nineteen and one-half percent shall be deposited in  such
  mass  transportation  operating  assistance  fund  as  prescribed in the
  aforestated manner. Except as otherwise provided, of all taxes, interest
  and penalties collected  or  received  on  or  after  April  first,  two
  thousand one, from the taxes imposed by sections three hundred one-a and
  three   hundred   one-e  of  this  article,  (i)  initially  eighty  and
  three-tenths percent shall be deposited, as  prescribed  by  subdivision
  (d) of section three hundred one-j of this article and (ii) nineteen and
  seven-tenths  percent  shall  be  deposited  in such mass transportation
  operating assistance fund as prescribed in the aforestated manner.
    Provided, further, that on or before  the  twenty-fifth  day  of  each
  month  commencing  with October, nineteen hundred ninety and terminating
  with the month of March, two thousand one, the comptroller shall  deduct
  the  amount  of  six  hundred  twenty-five thousand dollars prior to any
  deposit or disposition of the taxes, interest and penalties collected or
  received pursuant to such sections three hundred one-a and three hundred
  one-e and shall pay such amount to the state treasury to the  credit  of
  the  general  fund. Provided, further that on or before the twenty-fifth
  day  of  each  month  commencing  with  April,  two  thousand  one,  the
  comptroller  shall deduct the amount of six hundred twenty-five thousand
  dollars prior to any deposit or disposition of the taxes, interest,  and
  penalties  collected or received pursuant to such sections three hundred
  one-a and three hundred one-e and  shall  deposit  such  amount  in  the
  dedicated  fund  accounts  pursuant  to subdivision (d) of section three
  hundred one-j  of  this  article.  Provided,  further,  that  commencing
  January  fifteenth,  nineteen  hundred  ninety-one, and on or before the
  tenth  day  of March and the fifteenth day of June and September of such
  year, the commissioner shall, based on information supplied by taxpayers
  and other appropriate sources, estimate the amount of the utility credit
  authorized by section three hundred one-d of this article which has been
  accrued to reduce tax liability under section one  hundred  eighty-six-a
  of  this  chapter during the period covered by such estimate and certify
  to the state comptroller such estimated amount.  The  comptroller  shall
  forthwith,  after  receiving such certificate, deduct the amount of such
  credit so  certified  by  the  commissioner  prior  to  any  deposit  or
  disposition  of  the taxes, interest and penalties collected or received
  pursuant to such sections three hundred one-a and  three  hundred  one-e
  and  shall  pay  such  amount  so  certified and deducted into the state
  treasury to the credit of the general fund. As soon as practicable after
  April first, nineteen hundred ninety-one,  nineteen  hundred  ninety-two
  and  nineteen  hundred  ninety-three,  but before June fifteenth of each
  such year, the commissioner shall determine the amount  of  the  utility
  tax  credit  which  has been actually used to reduce tax liability under
  such section one hundred eighty-six-a and shall certify  the  difference
  between  such  actual  amount  and  the  earlier estimated amount. Also,
  subsequently, during the fiscal year when the commissioner becomes aware
  of changes or modifications with respect to  actual  credit  usage,  the
  commissioner  shall,  as  soon  as  practicable,  issue  a certification
  setting forth the amount of any required adjustment  to  the  amount  of
  actual   credit   usage   previously   certified.  After  receiving  the
  certificate of the commissioner with respect to actual credit  usage  or
  modification of the same, the comptroller shall forthwith adjust general
  fund receipts and the revenues to be deposited or disposed of under this
  article  to reflect the difference so certified by the commissioner. The
  commissioner shall not be liable for any overestimate  or  underestimate
  of the amount of the utility credit which has been accrued to reduce tax
  liability  under  such  section  one hundred eighty-six-a. Nor shall the
  commissioner be liable  for  any  inaccuracy  in  any  certificate  with
  respect  to  the  amount  of  such  credit actually used or any required
  adjustment with respect to actual credit  usage,  but  the  commissioner
  shall  as  soon  as  practicable after discovery of any error adjust the
  next certification under this section to reflect any such error.
    On or before July thirty-first, nineteen hundred ninety-two and on  or
  before   July   thirty-first,   nineteen   hundred   ninety-three,   the
  commissioner shall conduct the following reconciliation with respect  to
  the  preceding  fiscal  year:  he shall multiply the total of all taxes,
  penalties and interest, after  refunds  and  reimbursements,  which  are
  derived  from the motor fuel component, the automotive-type diesel motor
  fuel  component  and  the  aviation   gasoline   component   by   twenty
  fifty-fifths;  the  total  of  all  taxes, penalties and interest, after
  refunds   and   reimbursements,   which    are    derived    from    the
  nonautomotive-type   diesel   motor  fuel  component  (excluding  taxes,
  penalties and interest which are derived from product  with  respect  to
  which  the  credit  or  reimbursement  provided by section three hundred
  one-d is taken)  by  twenty-fiftieths;  and  all  taxes,  penalties  and
  interest,  after  refunds and reimbursements, which are derived from the
  residual petroleum product component  (excluding  taxes,  penalties  and
  interest which are derived from product with respect to which the credit
  or  reimbursement  provided  by section three hundred one-d is taken) by
  twenty-fortieths. The products of the foregoing multiplications shall be
  added together and the resulting sum of such products shall be  compared
  with  the  total of the amounts initially distributed during such fiscal
  year with respect to such components (excluding  receipts  derived  from
  product  with  respect  to which the credit or reimbursement provided by
  section  three  hundred  one-d  is  taken and excluding any amount which
  represents a  reconciliation  adjustment  pursuant  to  this  paragraph)
  pursuant  to  section  one  hundred  seventy-one-a of this chapter which
  represented  thirty-five  percent  of  the  total,  after  refunds   and
  reimbursements,  of  all  taxes,  penalties  and  interest  collected or
  received during such fiscal year under sections three hundred one-a  and
  three  hundred  one-e during the months of such fiscal year with respect
  to such components. The commissioner shall then certify  the  amount  of
  such difference to the comptroller. If the amounts initially distributed
  in  such  fiscal  year  are  greater  than the sum of such products, the
  comptroller  shall  withhold  an  amount  equal  to   twenty-seven   and
  three-tenths  percent of such difference from the first moneys otherwise
  payable to the general fund pursuant to this subdivision and  shall  pay
  such  amount to the mass transportation operating assistance fund to the
  credit of the  metropolitan  mass  transportation  operating  assistance
  account  and  the  public  transportation  systems  operating assistance
  account thereof in the aforestated  manner.  If  the  amounts  initially
  distributed  in such fiscal year are less than the sum of such products,
  the comptroller shall withhold  an  amount  equal  to  twenty-seven  and
  three-tenths  percent of such difference from the first moneys otherwise
  payable to the mass transportation operating assistance fund pursuant to
  this subdivision and shall pay such amount to the general fund.
    When the commissioner becomes aware of changes or  modifications  with
  respect   to  the  distribution  of  revenue  under  this  article,  the
  commissioner shall,  as  soon  as  practicable,  issue  a  certification
  setting forth the amount of any required adjustment. After receiving the
  certificate  of  the  commissioner  with respect to any adjustments, the
  comptroller  shall  forthwith  adjust  general  fund  receipts  and  the
  revenues  to  be  deposited or disposed of under this article to reflect
  the difference so certified by the commissioner. The commissioner  shall
  not be liable for any overestimate or underestimate of the amount of the
  distribution. Nor shall the commissioner be liable for any inaccuracy in
  any  certificate  with  respect to the amount of the distribution or any
  required  adjustment  with  respect  to  the   distribution,   but   the
  commissioner  shall  as soon as practicable after discovery of any error
  adjust the next certification under this section  to  reflect  any  such
  error.
    Prior  to  making  deposits  as  provided  in  this  subdivision,  the
  comptroller shall retain such amount as the commissioner  may  determine
  to  be necessary, subject to the approval of the director of the budget,
  for reasonable costs of the department in administering  and  collecting
  the  taxes  deposited  pursuant  to this subdivision and for refunds and
  reimbursements with respect to such taxes, out of which the  comptroller
  shall pay any refunds or reimbursements of such taxes to which taxpayers
  shall be entitled.