N.Y. General City Law art. 2-D, § 66: Overpayment

§ 66. Overpayment.--(a) General.--The administrator, within the

applicable period of limitations, may credit an overpayment of income

tax and interest on such overpayment against any liability in respect of

any tax imposed by this local law or by any local law of the city which

imposes an unincorporated business income tax on the person who made the

overpayment, and the balance shall be refunded. Any refund under this

section shall be made only upon the filing of a return.

(b) Excessive withholding.--If the amount allowable as a credit for

tax withheld from the taxpayer exceeds his tax to which the credit

relates, the excess shall be considered an overpayment.

(c) Overpayment by employer.-- If there has been an overpayment of tax

required to be deducted and withheld under section fifty-one, refund

shall be made to the employer only to the extent that the amount of the

overpayment was not deducted and withheld by the employer.

(d) Credits against estimated tax.--The administrator may prescribe

regulations providing for the crediting against the estimated income tax

for any taxable year of the amount determined to be an overpayment of

the income tax for a preceding taxable year. If any overpayment of

income tax is so claimed as a credit against estimated tax for the

succeeding taxable year, such amount shall be considered as a payment of

the income tax for the succeeding taxable year (whether or not claimed

as a credit in the declaration of estimated tax for such succeeding

taxable year), and no claim for credit or refund of such overpayment

shall be allowed for the taxable year for which the overpayment arises.

(e) Rule where no tax liability.--If there is no tax liability for a

period in respect of which an amount is paid as income tax, such amount

shall be considered an overpayment.

(f) Assessment and collection after limitation period.--If any amount

of income tax is assessed or collected after the expiration of the

period of limitations properly applicable thereto, such amount shall be

considered an overpayment.