N.Y. Tax Law § 527: Interest and penalty

§ 527. Interest and penalty. (a) Interest on tax due. If any amount of

tax is not paid on or before the last date prescribed in this article

for payment (determined without regard to any extension of time for

payment), interest on such amount at the rate of one percent per month

or fraction thereof shall be paid for the period from such last date to

the date paid.

(b) Penalty. Any person failing to file a return or to pay any tax

within the time required by or pursuant to this article (determined with

regard to any extension of time for filing or paying) shall be subject

to a penalty of fifty dollars or ten percent of the amount of tax

determined to be due, whichever is greater. If the commissioner

determines that the failure or delay was due to reasonable cause and not

due to willful neglect, the commissioner shall waive all or part of such

penalty.

(c) Interest on refunds. Interest at the rate determined under

subdivision (a) of this section shall be paid with respect to a refund

claim for the period ninety days after receipt of a claim for refund in

processible form to the date immediately preceding the date of the

refund check. No interest shall be paid if the check is mailed within

ninety days of such receipt.

(d) Fraud. If the failure to pay any tax within the time required by

or pursuant to this article is due to fraud, in lieu of the penalties

provided for in subdivision (b) of this section, there shall be added to

the tax (1) a penalty of two times the amount of tax due.

(e) Enforcement of penalty and interest. The penalties and interest

imposed by or pursuant to this section shall be assessed, collected and

paid in the same manner as the taxes imposed by this article.

(f) Cooperative agreement. If the commissioner enters into a

cooperative agreement pursuant to section five hundred twenty-eight of

this article and: (1) this state is thereby authorized to impose

penalties on taxes collected on behalf of other jurisdictions pursuant

to such agreement, then the penalties imposed by this section shall

apply with respect to such taxes; (2) the rates of interest or any

penalty or the method of computation contained therein is different from

that prescribed in this section or the imposition of a penalty

prescribed in this section is precluded by such agreement, then the

provisions of such agreement shall apply.

(g) Location of acts; evidence. For purposes of this chapter the

failure to do any act required by or under the provisions of this

article shall be deemed an act committed in part at the office of the

department of taxation and finance in Albany. For purposes of this

chapter, the certificate of the commissioner to the effect that a tax

has not been paid, that a return has not been filed, or that information

has not been supplied, as required by or under the provisions of this

article, or that a claim for refund has been filed, shall be prima facie

evidence that such tax has not been paid, that such return has not been

filed, that such information has not been supplied, or that such claim

has been filed.

(h) Prosecution. Violations of this article may be prosecuted by the

attorney general in the name of the people of the state, in which case

the attorney general shall exercise all powers and perform all the

duties which the district attorney would otherwise be authorized to

exercise or to perform therein.

(i) Cross-reference. For criminal penalties and other offenses, see

article thirty-seven of this chapter.