All revenue collected by the State Tax Commission from the tax imposed by this Article IX or any tax imposed by Article X of this chapter shall be deposited daily with such responsible banks, banking houses or trust companies, as may be designated by the State Comptroller, to the credit of the Comptroller, in trust for the City of Yonkers. Such deposits shall be kept in trust and separate and apart from all other moneys in the possession of the Comptroller. The State Comptroller shall require adequate security from all such depositories of such revenue collected by the State Tax Commission. The State Comptroller shall retain in his/her hands such amount as the State Commissioner of Taxation and Finance may determine to be necessary for refunds in respect to the tax imposed by the City of Yonkers pursuant to this Article IX or Article X of this chapter imposing a nonresident earnings tax and for reasonable costs of the State Tax Commission in administering, collecting and distributing such taxes, out of which the State Comptroller shall pay any refunds of such taxes to which taxpayers shall be entitled under this Article IX or Article X of this chapter imposing a nonresident earnings tax. The State Comptroller, after reserving such refund and such cost shall, on or before the 15th day of each month, pay to the Comptroller of the City of Yonkers the balance of such taxes collected, to be paid into the Treasury of the City of Yonkers to the credit of the general fund, except that he/she shall pay to the State Department of Social Services that amount of overpayments of the tax imposed by the City of Yonkers pursuant to this Article IX or Article X of this chapter imposing a tax on nonresident earnings and the interest on such amount which is certified to him/her by the State Tax Commission as the amount to be credited against past-due support pursuant to § 171-c, Subdivision (6), of the New York State Tax Law and except that he/she shall pay to the New York State Higher Education Services Corporation that amount of overpayments of the tax imposed by the City of Yonkers pursuant to this Article IX or Article X of this chapter imposing a nonresident earnings tax and the interest on such amount which is certified to him/her by the State Tax Commission as the amount to be credited against the amount of defaults in repayment of guaranteed student loans pursuant to § 171-d, Subdivision (5) of the New York State Tax Law; and except that he shall pay to the State University of New York that amount of overpayments of tax imposed by this Article IX or Article X of this chapter and the interest on such amount which is certified to him by the Tax Commission as the amount to be credited against the amount of default in repayment of state university loans pursuant to Subdivision 6 of § 171-e of the New York State Tax Law. The amount deducted for administering, collecting and distributing such taxes during such monthly period shall be paid by the State Comptroller into the general fund of the state treasury to the credit of the state purposes account therein. The first payment to the Comptroller of the City of Yonkers shall be made on or before March 15, 1985, which payment shall represent the balance of revenue after provision for refund and such reasonable costs, with respect to taxes collected in 1984. Subsequent payments shall be made on or before April 15, 1985, and on or before the 15th day of each succeeding month thereafter and shall represent the balance of revenue with respect to taxes collected the preceding calendar months. The amounts so payable shall be certified to the State Comptroller by the President of the State Tax Commission or his/her delegate, either of whom shall not be held liable for any inaccuracy in such certificate. Where the amount so paid over to the Comptroller of the City of Yonkers is more or less than the amount due the City of Yonkers, the amount of overpayment or underpayment shall be certified to the Comptroller by the President of the State Tax Commission or his/her delegate, either of whom shall not be held liable for any inaccuracy in such certificate. The amount of overpayment or underpayment shall be so certified to the Comptroller as soon after the discovery of the overpayment or underpayment as reasonably possible, and subsequent payments by the Comptroller to such Comptroller shall be adjusted by subtracting the amount of any such overpayment from or by adding the amount of any such underpayment to such number of subsequent payments and distributions as the Comptroller and the President of the State Tax Commission shall consider reasonable in view of the amount of the overpayment or underpayment and all other facts and circumstances.
N.Y. Yonkers Income Tax Surcharge § 15-110