Will New York pay interest on amended refund delay past statutory time

[ramnsudha]

I filed my AMENDED 2020 New York state return last September by mail using Turbotax. It is still being processed, and despite repeated calls to them, they cannot explain why it is held up, or how long it will take -- they keep saying "call in another 30 days". It is now more than 120 days since the recorded date of filing on their website. The last agent I spoke to said that NY can delay it indefinitely and I have no option but to wait!

It seems to say here that NY will pay interest on any delay after 45 days. However, it is not clear if that applies to amended returns or only original returns. Other sources say the time is 90 days, again not specifying if it applies to amended as well. Is there a source that clearly says this applies to amended returns?

To be clear, I am not expecting interest from the original due date in 2020, only from the 45 day mark after I filed it last September.

Does anybody know if interest on delays past statutory times apply to amended returns as well? And if the time is 45 days or 90 days, or something else? And do I have any other options other than to just wait?

Thank you

Ram

[DavidD66]

For an amended New York state tax return that results in a refund to the taxpayer, no interest is payable on the period prior to the date the amended return is filed.  Interest should be paid at a rate of 6% annually from the date the return was filed until the refund is made.  

[ramnsudha]

Replying to my own question here in the event that it helps others. I called NY Dept of Revenue again with this specific question, and after some internal checking, the agent said the following:

1) NY will pay interest starting from 45 days after the amended return was filed, to the point when processing is complete and the refund is issued. 

2) No interest will be given from the original due date to when the amended return was filed, nor will interest be given for any delays in refund reaching the taxpayer and deposit being made etc.

3) The above applies equally to resident and non-resident return.