N.Y.
Tax Law Section 1421
Deposit and dispositions of revenues
(a)
From the taxes, interest and penalties attributable to the tax imposed pursuant to § 1402 (Imposition of tax)section fourteen hundred two of this article, the amount of one hundred ninety-nine million three hundred thousand dollars shall be deposited by the comptroller in the environmental protection fund established pursuant to State Finance Law § 92-S (Environmental protection fund)section ninety-two-s of the state finance law for the fiscal year beginning April first, two thousand nine; the amount of one hundred nineteen million one hundred thousand dollars shall be deposited in such fund for the fiscal year beginning April first, two thousand ten; the amount of two hundred fifty-seven million three hundred fifty thousand dollars shall be deposited into such fund for the fiscal year beginning April first, two thousand twenty-two; and for each fiscal year thereafter. On or before June twelfth, nineteen hundred ninety-five and on or before the twelfth day of each month thereafter (excepting the first and second months of each fiscal year), the comptroller shall deposit into such fund from the taxes, interest and penalties collected pursuant to such § 1402 (Imposition of tax)section fourteen hundred two of this article which have been deposited and remain to the comptroller’s credit in the banks, banking houses or trust companies referred to in § 171-A (Deposit and disposition of revenue)section one hundred seventy-one-a of this chapter at the close of business on the last day of the preceding month, an amount equal to one-tenth of the annual amount required to be deposited in such fund pursuant to this section for the fiscal year in which such deposit is required to be made. In the event such amount of taxes, interest and penalties so remaining to the comptroller’s credit is less than the amount required to be deposited in such fund by the comptroller, an amount equal to the shortfall shall be deposited in such fund by the comptroller with subsequent deposits, as soon as the revenue is available. Beginning April first, nineteen hundred ninety-seven, the comptroller shall transfer monthly to the clean water/clean air fund established pursuant to State Finance Law § 97-BBB (Clean water/clean air fund)section ninety-seven-bbb of the state finance law, all moneys remaining from such taxes, interest and penalties collected that are not required for deposit in the environmental protection fund.(b)
Notwithstanding subdivision (a) of this section, the taxes, interest and penalties attributable to (i) the tax imposed under § 1402 (Imposition of tax)section fourteen hundred two of this article at the rate specified in paragraph two of subdivision (a) of such section, and(ii)
the tax imposed under § 1402-B (Supplemental tax in cities having a population of one million or more)section fourteen hundred two-b of this article, and collected or received by the commissioner shall be deposited daily with such responsible banks, banking houses or trust companies, as may be designated by the comptroller, to the credit of the comptroller in trust for the metropolitan transportation authority. An account may be established in one or more of such depositories. Such deposits will be kept separate and apart from all other money in the possession of the comptroller. The comptroller shall require adequate security from all such depositories. Of the total revenue collected or received under this article, the comptroller shall retain such amount as the commissioner may determine to be necessary for refunds under this article. On or before the twelfth and twenty-sixth day of each succeeding month, after reserving such amount for such refunds, the commissioner shall certify to the comptroller the amount of all revenues so received during the prior month as a result of the taxes, interest and penalties so imposed. The amount of revenues so certified shall be paid over by the fifteenth and the final business day of each succeeding month from such account without appropriation into the central business district tolling capital lockbox fund established pursuant to Public Authorities Law § 553-J (Additional powers and provisions in relation to central business district tolling program)section five hundred fifty-three-j of the public authorities law, provided, however, that the comptroller shall ensure that any payments to the central business district tolling capital lockbox fund established that are due to be paid by the final business day in the month of December pursuant to this subdivision shall be received by the central business district tolling capital lockbox fund on the same business day in which it is paid.
Source:
Section 1421 — Deposit and dispositions of revenues, https://www.nysenate.gov/legislation/laws/TAX/1421 (updated Apr. 22, 2022; accessed Oct. 26, 2024).
