N.Y. Tax Law § 513: Refunds

§ 513. Refunds. Whenever the commissioner shall determine that any

monies received under the provisions of this article were paid in error,

he may cause the same to be refunded or credited, 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 or credited 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 section, 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 or credited 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 four years from the time the erroneous payment

was made, except if an agreement under the provisions of section five

hundred ten (extending the period for determination of tax imposed by

this article) is made within the four-year period for the filing of an

application for refund provided for in this section, the period for

filing 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.