2010 New York Code
TAX - Tax
Article 8 - (170 - 179) DEPARTMENT OF TAXATION AND FINANCE; COMMISSIONER OF TAXATION AND FINANCE
171-C - Certain overpayments credited against past-due support.

§  171-c.  Certain overpayments credited against past-due support. (1)
  The commissioner, on behalf  of  the  department,  shall  enter  into  a
  written  agreement  with the commissioner of the office of temporary and
  disability assistance, on behalf of the state office  of  temporary  and
  disability   assistance,  which  shall  set  forth  the  procedures  for
  crediting any overpayment by an individual, estate or  trust  of  income
  tax  imposed by article twenty-two of this chapter, city personal income
  tax on residents imposed pursuant to the authority of article thirty  of
  this chapter, city income tax surcharge on residents imposed pursuant to
  the  authority of article thirty-A of this chapter and city earnings tax
  on nonresidents imposed pursuant to the authority of article thirty-B of
  this chapter and the interest  on  such  overpayments  against  past-due
  support   owed  by  such  individual,  estate  or  trust  of  which  the
  commissioner has been notified by the  commissioner  of  the  office  of
  temporary  and  disability assistance pursuant to the provisions of such
  agreement.
    (2) Such agreement shall apply to past-due support which  is  owed  to
  persons  or  entities  entitled  to  enforce  an  order  of support. For
  purposes of this section, an "order of support" means any  final  order,
  decree  or  judgment in a matrimonial action or family court proceeding,
  or any foreign support order, decree or  judgment  which  is  registered
  pursuant  to section thirty-seven-a of the domestic relations law, which
  requires the payment of alimony, maintenance, support or child  support.
  For  purposes  of this section, "past-due support" means the amount of a
  delinquency determined from an order of support  no  longer  subject  to
  appellate judicial review.
    (3) Such agreement shall include:
    (a)  the  procedure  under  which  the  state  department of office of
  temporary and disability assistance shall  notify  the  commissioner  of
  liability  for  past-due  support,  such  procedure  to specify when the
  commissioner shall be notified and the content of such notification;
    (b) the minimum period of delinquency in payment of  past-due  support
  and  the  minimum  amount  of past-due support with respect to which the
  commissioner of taxation and finance shall, pursuant  to  this  section,
  credit an overpayment against past-due support;
    (c)  the  procedure for reimbursement of the commissioner by the state
  office of temporary and disability  assistance  for  the  full  cost  of
  carrying out the procedures authorized by this section;
    (d)  such  other  matters  as the parties to such agreement shall deem
  necessary to carry out the provisions of this section; and
    (e) the procedure for reimbursement of the comptroller  by  the  state
  office  of  temporary  and disability assistance for any overpayment and
  interest thereon which has been credited against past due  support  owed
  by  a taxpayer filing a joint return, but which has been refunded by the
  comptroller, pursuant to paragraph six of subsection (b) of section  six
  hundred  fifty-one  of this chapter, to a spouse not liable for the past
  due support owed by such taxpayer.
    (4) (a) With regard to persons owed past-due support who are receiving
  services pursuant to title six-A of article three of the social services
  law, no later than thirty days prior to the date a local social services
  district  requests  the  state  office  of  temporary   and   disability
  assistance to notify the commissioner of the liability of an individual,
  estate  or  trust  for past-due support, such district shall notify such
  individual, estate or trust in writing that such request may be made and
  shall also notify him or it that he or it may correct any error in  such
  request  and  may avoid such notification by the office of temporary and
  disability assistance to the commissioner by satisfying  such  liability
  within  thirty  days  of  the  date of the written notice from the local

social services district to  such  individual,  estate  or  trust.  Such
  notice  shall also set forth the name of an employee of the local social
  services district, including his address and telephone number,  who  may
  be  contacted  with  respect  to correction of any error in such request
  concerning such individual's, estate's or trust's liability for past-due
  support or with respect to payment of such liability.
    (b) With regard to persons owed past-due  support  who  are  receiving
  services pursuant to title six-B of article three of the social services
  law,  no  later  than  thirty days prior to the date the state office of
  temporary and disability assistance notifies  the  commissioner  of  the
  liability  of  an individual, estate or trust for past-due support, such
  office shall notify such individual, estate or  trust  in  writing  that
  such  request  may be made and shall also notify him or it that he or it
  may correct any error in such request and may avoid such notification by
  such office  to  the  commissioner  by  satisfying  such  liability  and
  submitting  proof  thereof satisfactory to the office within thirty days
  of the date of the written notice from such office to  such  individual,
  estate  or  trust.  Such  notice  shall  also  set  forth the name of an
  employee of such office, including his  or  her  address  and  telephone
  number,  who may be contacted with respect to correction of any error in
  such request concerning such individual's, estate's or trust's liability
  for past-due support or with respect to payment of such liability.
    (5) (i) In calculating the  amount  of  an  overpayment  and  interest
  thereon  which  shall  be  credited  against  past-due support owed by a
  taxpayer, the tax commission shall  first  credit  the  overpayment  and
  interest thereon against any:
    (A)  liability  of such taxpayer in respect of any tax imposed by this
  chapter;
    (B) liability of such taxpayer for any tax  imposed  pursuant  to  the
  authority  of  this chapter or any other law if such tax is administered
  by the tax commission; and
    (C) estimated tax for the succeeding  taxable  year  if  the  taxpayer
  claims  such  overpayment  or  a  portion  thereof  as  a credit against
  estimated tax for such succeeding taxable year  pursuant  to  subsection
  (e) of section six hundred eighty-six of this chapter or subdivision (e)
  of  section  11-1786  of the administrative code of the city of New York
  for any tax imposed pursuant to the authority of  this  chapter  or  any
  other law if such tax is administered by the tax commission.
    (ii)  Only  the  balance  remaining,  after  such  overpayment and the
  interest thereon has been credited as described in paragraph (i) of this
  subdivision, shall be certified as an overpayment plus any  interest  to
  be  credited against past-due support, with the remainder to be refunded
  to the taxpayer if such remainder is not required to satisfy the  amount
  of  a default in repayment of a state university loan or city university
  loan pursuant to section  one  hundred  seventy-one-e  of  this  article
  and/or  the  amount  of  a past-due legally enforceable debt pursuant to
  section one hundred seventy-one-f of this article and/or a city  of  New
  York   tax  warrant  judgment  debt  pursuant  to  section  one  hundred
  seventy-one-l of  this  article  and/or  the  amount  of  a  default  in
  repayment  of  a guaranteed student loan pursuant to section one hundred
  seventy-one-d of this article. In cases where the taxpayer owes past-due
  support to more than one person or  entity,  and  the  total  amount  of
  past-due  support  certified  to the commissioner by the state office of
  temporary and disability assistance exceeds the balance remaining,  each
  such  person  or  entity  shall  receive a pro rata share of the balance
  remaining, such share to be based on the amount of past-due support owed
  to such person or entity as certified to the commissioner by such office
  pursuant to this section. The state office of temporary  and  disability

assistance  shall  be  responsible for determining and distributing each
  person's or entity's pro rata share  of  past-due  support  pursuant  to
  regulations of such office.
    (6)  The  tax  commission  shall  certify to the comptroller the total
  amount of the overpayment and the  interest  on  such  overpayment,  the
  amount  of  such  overpayment  and  the  interest  on  such amount to be
  credited against past-due support and the balance  of  such  overpayment
  and interest to be refunded to the taxpayer.
    (7) The commissioner of taxation and finance shall notify the taxpayer
  making  the  overpayment,  in writing, of the amount of such overpayment
  and the interest thereon certified to the comptroller as the  amount  to
  be   credited  against  past-due  support.  Such  notice  shall  include
  notification to any other person who may have filed a joint return  with
  the  taxpayer of the steps such other person may take in order to secure
  his or her proper share of the refund.
    (8) (a) For purposes of this section, past-due support owed to persons
  who are receiving services pursuant to title six-A of article  three  of
  the social services law may include:
    (i)  amounts  representing  delinquencies  which  have accrued under a
  court order of support;
    (ii) with  respect  to  any  court  order  of  support  issued  before
  September   first,  nineteen  hundred  eighty-four  which  provided  for
  periodic payments toward  an  established  arrears  amount,  the  entire
  amount  of  such  arrears  where  the  respondent  is, at any time after
  September first, nineteen hundred eighty-four, delinquent in making such
  periodic payments; and
    (iii) with respect to any court order of  support  made  on  or  after
  September  first,  nineteen  hundred  eighty-four  which  establishes an
  arrears amount, the entire amount of such  arrears,  unless  such  order
  includes a finding that any anticipated tax refunds have been considered
  by  the  court  and  taken  into  account  in  determining the amount of
  periodic  payments  to  be  made  toward  the  arrears  amount,  or   in
  determining  the  amount  of  the  current  support order, and expressly
  provides that such arrears are not to be so certified.
    (b) For the purpose of the state child support  program,  any  payment
  made  by  a  respondent  which is insufficient to fully satisfy both the
  current support obligation and a periodic payment toward the balance  of
  any  arrears  amount  established  by court order shall be first applied
  toward the current support obligation or  any  delinquency  thereon  and
  then  toward  the  periodic payment on any arrears amount established by
  court order unless otherwise required by federal regulation.
    (9) From the time the commissioner is notified by the state office  of
  temporary  and  disability  assistance  of  an individual's, estate's or
  trust's liability for past-due support under the agreement provided  for
  in  this  section, the commissioner and the department shall be relieved
  from all liability to such individual, estate or trust,  their  assigns,
  successors,  heirs  or representatives for the amount of an over payment
  and interest on such amount certified to the comptroller to be  credited
  against past-due support and such individual, estate or trust shall have
  no  right to commence a court action or proceeding or to any other legal
  recourse against the commissioner or  the  department  to  recover  such
  overpayment or such interest certified to the comptroller to be credited
  against  past-due  support.  Provided,  however, nothing herein shall be
  construed to prohibit such individual, estate or trust  from  proceeding
  against  the  state office of temporary and disability assistance or the
  appropriate local social services district to recover that part of  such
  overpayment  or  interest  thereon so certified to the comptroller to be
  credited against past-due support which is greater than  the  amount  of

past-due support owed by such individual, estate or trust on the date of
  such certification.
    (10) The tax commission shall promulgate such rules and regulations as
  it deems necessary to carry out the provisions of this section.