Is there a "limit" on how much you can be refunded on a NYS amended return?

[jryan154]

I owed $350 on my 2020 NYS tax return. I accidentally omitted my "Start-Up NY" wages, which allows employees of eligible companies to be refunded on all NYS taxes withheld from their paycheck. Based on the IT-201X, I should be owed a refund of $3,500. However, from reading NY Tax L § 687 (2022), it says "the amount of the credit or refund shall not exceed the portion of the tax paid within the three years immediately preceding the filing of the claim."

Does this mean my refund will be limited to the total of tax paid on my returns from 2017-2019? 

[Vanessa A]

No.  You can only file a tax return to claim a refund within 3 years of when the return was due or filed.  So, if you filed your 2020 return in April of 2021, and did not file an extension, then you would be past the time to file a return to claim a refund.   The 3 years start counting back when you would file the claim (which would be today if that is what you are trying to do) 

[jryan154]

@Vanessa A My post was from April 15, 2024, and I filed my NYS Amended return (IT-201X) that same day.

My 2020 taxes were filed on April 15, 2021.