Section 11-2045. Deposit and disposition of revenue  


Latest version.
  • (a) The tax commission
      shall deposit daily to the credit of the comptroller of the state of New
      York, all taxes, penalties and interest collected under this  subchapter
      in  such  responsible banks, banking houses or trust companies as may be
      designated by the comptroller. Such deposits shall be kept in trust  for
      the  city and separate and apart from all other monies in the possession
      of the comptroller. The comptroller shall require adequate security from
      all such depositories. Of the revenue collected  under  this  subchapter
      the  comptroller  shall  retain  in  his or her hands such amount as the
      commissioner of taxation and finance  of  the  state  of  New  York  may
      determine  to  be  necessary  for  refunds under this subchapter and for
      reasonable costs of the tax commission in administering, collecting  and
      distributing   the  taxes  under  this  subchapter,  out  of  which  the
      comptroller shall pay any refunds made  under  the  provisions  of  this
      subchapter.  The  comptroller, after reserving such refund fund and such
      costs, shall on or before the twelfth day of  each  month,  pay  to  the
      commissioner  of  finance of this city all taxes, interest and penalties
      collected under this  subchapter  and  remaining  to  the  comptroller's
      credit  in such banks, banking houses or trust companies at the close of
      business on the last day of the preceding month, provided, however, that
      the comptroller shall on or before the last day  of  June  and  December
      make  a  partial  payment  consisting of the collections made during and
      including the first twenty-five days of said months to the  commissioner
      of finance of this city. The amount so payable shall be certified to the
      comptroller  by  the president of the tax commission or such president's
      delegate, who shall not be  held  liable  for  any  inaccuracy  in  such
      certificate.  Where  the amount so paid over in any such distribution is
      more or less than the amount then due to this city, the  amount  of  the
      overpayment or underpayment shall be certified to the comptroller by the
      president  of the tax commission or such president's delegate, who shall
      not be held liable for any inaccuracy in such certificate. The amount of
      the overpayment shall be so certified to the comptroller as  soon  after
      the  discovery of the overpayment or underpayment as reasonably possible
      and subsequent payments and distributions by  the  comptroller  to  this
      city shall be adjusted by subtracting the amount of any such overpayment
      from  or by adding the amount of any such underpayment to such number of
      subsequent  payments  and  distributions  as  the  comptroller  and  the
      president  of the state tax commission shall consider reasonable in view
      of the amount of the overpayment or underpayment and all other facts and
      circumstances.
        (b)  All  payments  to  the  commissioner  of  finance   pursuant   to
      subdivision  (a)  of  this section shall be credited to and deposited in
      the general fund of this city, but no  part  of  such  revenues  may  be
      expended unless appropriated in the annual budget of this city.