New York Codes, Rules and Regulations
Title 20 - DEPARTMENT OF TAXATION AND FINANCE
Chapter II - Income Taxes and Estate Taxes
Subchapter D - City Of Yonkers Earnings Tax On Nonresidents
Part 264 - Separate Returns Of Nonresident Husband And Wife On A Single Form And Overpayment And Refund Shown Thereon
Section 264.4 - Application of sections 264.2 and 264.3 of this Part
Current through Register Vol. 46, No. 12, March 20, 2024
Tax Law, § 8(b) of § 1340 (c); Codes and Ordinances of the City of Yonkers, § 92-105(b)
(a) Any excess payment and interest thereon by either spouse may be applied against any past-due support or against any amount of a default in repayment of a guaranteed student, State university or city university loan attributable to the other spouse, of which the Tax Commission has been notified pursuant to the provisions of section 171-c, 171-d or 171-e of the Tax Law. In calculating the amount of excess payment and interest thereon which may be applied against past-due support or against a default in repayment of a guaranteed student, State university or city university loan of a spouse, the excess payment will first be applied against any liability of such spouse in respect of any tax imposed by or pursuant to the authority of the Tax Law or administered by the Tax Commission and against estimated tax for the succeeding taxable year if the taxpayer claims such overpayment or a portion thereof as a credit against estimated tax for such succeeding taxable year.
(b) The provisions of subdivision (a) of this section and the provisions of section 264.2 of this Part with respect to application of a spouse's overpayment of tax, and section 264.3 of this Part with respect to making a refund of tax to spouses, shall not apply if the return of either spouse includes a demand that any overpayment of tax made by him or her be applied only on account of his or her separate liability. If a spouse makes such a demand, the provisions of paragraphs (1), (2) and (3) and the examples contained therein, of section 151.10(f) of this Title, shall apply.
