PRESS RELEASE] MTA tax refund announced by Castelli


As a result of the Supreme Court ruling that the MTA Payroll Tax is unconstitutional, Assemblyman Robert J. Castelli (R, C – Goldens Bridge) is reminding business owners they are eligible for a refund from the New York State Department of Taxation and Finance. He is urging business owners to apply for their refunds on their MTA payroll tax before the fast-approaching November 2nd deadlines.

“It’s time for Westchester’s taxpayers to take back what is theirs,” Castelli said. “The MTA Payroll Tax robbed our job creators of money that they worked day-in and day-out to earn. This is money that is owed to our taxpayers and will finally be returned. I urge our friends and neighbors who were unfairly burdened by this unconstitutional tax to submit their claims as soon as possible so that they receive every single penny they are owed.”

The court’s ruling is under appeal, but should it be upheld, taxpayers would be permitted to submit a claim for a tax refund of any and all MTA Payroll taxes paid. The deadline to file a claim on a payment made in November of 2009 is November 2, 2012, in accordance with the three-year statute of limitations.

Castelli, who has championed the full repeal of the MTA Payroll Tax and voted for the legislation that successfully lifted the tax off the backs of schools and 80 percent of small businesses, is highlighting the need for taxpayers to reclaim their hard-earned dollars while there is still time.

To ensure that proper payments are made in the event that the court’s ruling is upheld, a protective claim may be filed through the Department of Tax and Finance’s website or by calling (518) 485-2392. More information regarding this matter and links to the electronic form can be found at

Castelli has also been harshly critical of the silence by his opponent, David Buchwald, on MTA mismanagement until just this month, when he began running for higher office. “My opponent, Mr. Buchwald, hand-picked by Governor Paterson in 2008 to serve on the MTA Metro North board which he now chairs, has been deathly silent on the mismanagement which caused the 2009 MTA bailout, increased fares and fees on New York’s commuters and created this job-killing payroll tax in the first place during his time on the board,” he said.

“Why hasn’t David Buchwald spoken out against the payroll tax until now, why hasn’t he let commuters and business owners know that they are eligible for a refund?” Castelli said. “Mr. Buchwald has yet to account for his lack of leadership on this important public service issue.”

Since being elected in February of 2010, Assemblyman Castelli has fought tirelessly to repeal and refund the MTA Payroll Tax. One of his first pieces of sponsored legislation sought to repeal the tax, and he has joined legislators from both parties at multiple levels of government to advocate for its elimination.

His efforts have included measures to restore fiscal sanity and accountability to the MTA, successfully advocating for the Comptroller to conduct a series of forensic audits of the agency, which uncovered wasteful expenses such as overtime abuse.

The justice overturned the MTA payroll tax because it violates the state constitution, since it occurs in only 12 counties and does not benefit the entire state.


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Copyright © 2012 Assemblyman Robert J. Castelli, All rights reserved.
This email was sent to members of the press covering the 89th Assembly District.
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Assemblyman Robert J. Castelli
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Mt. Kisco, New York 10549

Bazzo 10/20/12


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