2015 New York Laws
TAX - Tax
Article 18 - (Tax) TAXES ON ALCOHOLIC BEVERAGES
434 - Refunds.

NY Tax L § 434 (2015) What's This?

434. Refunds. 1. Whenever the commissioner of taxation and finance shall determine that any moneys received under the provisions of this article were paid in error, he may cause the same to be refunded, with interest, in accordance with such rules and regulations as he may prescribe, except that no interest shall be allowed or paid if the amount thereof would be less than one dollar. Such interest shall be at the overpayment rate set by the commissioner pursuant to subdivision twenty-sixth of section one hundred seventy-one of this chapter, or if no rate is set, at the rate of six percent per annum, from the date when the tax, penalty or interest to be refunded was paid to a date preceding the date of the refund check by not more than thirty days. Provided, however, that for the 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. Such moneys received under the provisions of this article which the commissioner shall determine were paid in error, may be refunded out of funds in the custody of the comptroller to the credit of such taxes provided an application therefor is filed with the commissioner within two years from the time the erroneous payment was made.

2. (a) Whenever (A) any person, other than a distributor hereinafter in this paragraph referred to, shall use for non-beverage purposes any alcoholic beverages on which taxes are imposed by this article or (B) a regularly organized church, synagogue or religious organization shall use for sacramental purposes wine purchased by it in sealed containers at retail, and such alcoholic beverages referred to in clause (A) or wine referred to in clause (B) were not sold to such person or religious organization pursuant to a retailer's license and have been, to the satisfaction of the tax commission, included as taxable in a return made by a distributor, such person or religious organization shall be reimbursed the amount of the taxes thereon in the manner and subject to the conditions hereinafter specified. Whenever any distributor shall use for non-beverage purposes any alcoholic beverages on which he is required to pay the taxes imposed by this article, the tax commission may permit such distributor to report such alcoholic beverages as nontaxable.

(b) Any person holding a license issued by the state liquor authority, who, pursuant to such license, shall sell any alcoholic beverages, upon which taxes imposed by this article have been paid, under such circumstances that the state would be without power to impose the tax under this article, or for resale under like circumstances, may secure reimbursement for the amount of the taxes so paid in the manner and subject to the conditions specified in this subdivision, but in a case specified in this paragraph no refund shall be made under paragraph (a) of this subdivision.

(c) All claims for reimbursement under this subdivision must be filed within two years from the time of the nontaxable sale or use. Claims shall be made, in such form and containing such information as the tax commission shall prescribe. Claims for reimbursement under this subdivision, approved by the tax commission, shall be paid out of the funds deposited to the credit of the comptroller on account of the taxes imposed by this article.

3. If an agreement under the provisions of section four hundred thirty (extending the period for determination of tax imposed by this article) is made within the two-year period for the filing of a claim for reimbursement or an application for refund provided for in this section, the period for filing a claim for reimbursement or an application for refund shall not expire prior to six months after the expiration of the period within which a determination may be made pursuant to the agreement or any extension thereof.


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