The current fiscal crisis we face as a town is daunting. Our number one priority is to recover all funds due us. In August the New York State Supreme Court ruled that the State acted unconstitutionally in adopting the MTA payroll tax. Currently under New York State law all claims for tax refunds are subject to a three year statute of limitations. The statute will expire on initial employer 2009 MTA payroll tax payments on November 2, 2012.
At the Huntington Town Board Meeting on October 7, I authorized the town comptroller to file a claim on behalf of the Town of Huntington to obtain a refund of the MTA payroll tax payments due to the town, and to authorize the town attorney to take all steps otherwise necessary to protect the town’s claim for recovery of any and all town MTA payroll tax payments.
I urge Local Businesses, School Districts, Local Fire Departments, First Aid Squads as well as non-profit organizations to file protective claims for MTA Payroll Tax Refunds immediately.
For directions on how to file either your business or self–employed individual claim with the New York State Department of Taxation and Finance you have to follow the instructions at this site:
There are 3 options available that you can use to file your protective claim:
- If you have an Online Service account, login and file through your services menu
- You can also complete an electronic form ( In the electronic form: there is an option for both businesses and individuals)
- You can call an automated telephone application (518-485-2392)
I urge all Long Island employers to file a protective refund claim prior to the November 2, 2012 deadline. The deadline for self-employed individuals is April 30, 2013. In these difficult financial times we all need to protect our wallets.
Mark Mayoka, CPA