Section 1333. Deposit and disposition of revenues


Latest version.
  • All revenue collected by
      the commissioner of taxation and finance from the  tax  imposed  by  any
      city  pursuant  to  the authority of this article or article thirty-B of
      this chapter shall be  deposited  daily  with  such  responsible  banks,
      banking  houses  or  trust  companies, as may be designated by the state
      comptroller, to the credit of the comptroller, in trust for  such  city.
      Such  deposits  shall  be  kept in trust and separate and apart from all
      other moneys in the possession of the comptroller. The comptroller shall
      require adequate security from all such  depositories  of  such  revenue
      collected  by  the commissioner of taxation and finance. The comptroller
      shall retain in his hands such amount as the  commissioner  of  taxation
      and  finance may determine to be necessary for refunds in respect to the
      tax imposed by such city pursuant to the authority of  this  article  or
      article  thirty-B  of  this  chapter  and  for  reasonable  costs of the
      commissioner of taxation and finance in  administering,  collecting  and
      distributing  such  taxes,  out  of  which the comptroller shall pay any
      refunds of such taxes to which the taxpayer shall be entitled under  any
      law  enacted  by  such city pursuant to the authority of this article or
      article thirty-B of this chapter. The comptroller, after reserving  such
      refund  fund and such cost shall, on or before the fifteenth day of each
      month, pay to the chief fiscal officer of such city the balance of  such
      taxes collected, to be paid into the treasury of such city to the credit
      of  the general fund except that he shall pay to the state department of
      social services that amount of overpayments of the tax imposed  by  such
      city  pursuant  to  the authority of this article or article thirty-B of
      this chapter and the interest on such amount which is certified  to  him
      by the commissioner of taxation and finance as the amount to be credited
      against  past-due  support  pursuant  to  subdivision six of section one
      hundred seventy-one-c of this chapter and except that he  shall  pay  to
      the  New York state higher education services corporation that amount of
      overpayments of the tax imposed by such city pursuant to  the  authority
      of  this article or article thirty-B of this chapter and the interest on
      such amount which is certified to him by the  commissioner  of  taxation
      and  finance as the amount to be credited against the amount of defaults
      in repayment of guaranteed student loans pursuant to subdivision five of
      section one hundred seventy-one-d of this chapter  and  except  that  he
      shall  pay to the state university of New York or the city university of
      New York respectively that amount of overpayments of the tax imposed  by
      such  city pursuant to the authority of this article or article thirty-B
      of this chapter and the interest on such amount which  is  certified  to
      him  by  the  commissioner  of  taxation and finance as the amount to be
      credited against the amount of defaults in repayment of  state  or  city
      university  loans  pursuant  to  subdivision  six of section one hundred
      seventy-one-e of this chapter and except that, notwithstanding any other
      provision of law, he shall credit  to  the  revenue  arrearage  account,
      pursuant  to  section ninety-one-a of the state finance law, that amount
      of overpayments of the taxes imposed pursuant to the authority  of  this
      article  or  article  thirty-B  of this chapter and the interest on such
      amount which is certified to him by the  commissioner  of  taxation  and
      finance  as  the  amount  to  be  credited  against  a  past-due legally
      enforceable debt owed to a state agency pursuant  to  paragraph  (a)  of
      subdivision  six  of  section one hundred seventy-one-f of this chapter,
      provided, however, he shall  credit  to  the  special  offset  fiduciary
      account,  pursuant to section ninety-one-c of the state finance law, any
      such amount creditable as a liability as set forth in paragraph  (b)  of
      subdivision six of section one hundred seventy-one-f of this chapter and
      except  that  he  shall  pay  to  the  city  of  New York that amount of
      overpayments of tax imposed pursuant to the authority of this article or
    
      article thirty-B of this chapter and the interest on such  amount  which
      is  certified  to him by the commissioner of taxation and finance as the
      amount to be credited against city of New York tax warrant judgment debt
      pursuant  to  section  one  hundred  seventy-one-l  of this chapter, and
      except further that he/she shall pay  to  a  non-obligated  spouse  that
      amount  of  overpayment  of  tax  imposed  by  such city pursuant to the
      authority of this article or article thirty-B of this  chapter  and  the
      interest  on such amount which has been credited pursuant to section one
      hundred  seventy-one-c,   one   hundred   seventy-one-d,   one   hundred
      seventy-one-e, one hundred seventy-one-f or one hundred seventy-one-l of
      this  chapter  and  which  is  certified  to  him by the commissioner of
      taxation and  finance  as  the  amount  due  such  non-obligated  spouse
      pursuant  to  paragraph  six  of  subsection  (b) of section six hundred
      fifty-one of this chapter, and he shall deduct a like  amount  which  he
      shall  pay  into  the  treasury  to  the credit of the general fund from
      amounts subsequently payable to the department of social  services,  the
      state  university  of  New York, the city university of New York, or the
      higher education  services  corporation  or  to  the  revenue  arrearage
      account   or  special  offset  fiduciary  account  pursuant  to  section
      ninety-one-a or ninety-one-c of the state finance law, as the  case  may
      be, whichever had been credited the amount originally withheld from such
      overpayment.  The  amount  deducted  for  administering,  collecting and
      distributing such taxes during such monthly period shall be paid by  the
      comptroller into the general fund of the state treasury to the credit of
      the  state  purposes  account  therein.  The first payment to such chief
      fiscal officer shall be made on  or  before  March  fifteenth,  nineteen
      hundred  eighty-five,  which  payment  shall  represent  the  balance of
      revenue after provision for  refund  and  such  reasonable  costs,  with
      respect  to  taxes collected in nineteen hundred eighty-four. Subsequent
      payments shall be made on or before April  fifteenth,  nineteen  hundred
      eighty-five, and on or before the fifteenth day of each succeeding month
      thereafter,  and  shall represent the balance of revenue with respect to
      taxes collected the preceding calendar months. The  amounts  so  payable
      shall  be  certified  to the comptroller by the commissioner of taxation
      and finance or his delegate, either of whom shall not be held liable for
      any inaccuracy in such certificate. Where the amount  so  paid  over  to
      such  chief fiscal officer is more or less than the amount then due such
      city, the amount of overpayment or underpayment shall  be  certified  to
      the  comptroller  by  the  commissioner  of  taxation and finance or his
      delegate, either of whom shall not be held liable for any inaccuracy  in
      such  certificate. The amount of overpayment or underpayment shall be so
      certified to  the  comptroller  as  soon  after  the  discovery  of  the
      overpayment  or  underpayment  as  reasonably  possible  and  subsequent
      payments by the comptroller  to  such  chief  fiscal  officer  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 commissioner of
      taxation and finance shall consider reasonable in view of the amount  of
      the overpayment or underpayment and all other facts and circumstances.