New York has paid $44.4 million to truckers for illegally collected taxes. On May 17, 2017, the State of New York issued a check pursuant to the settlement it reached with the Owner-Operator Independent Drivers Association in September 2016 regarding its imposition of unconstitutional registration and decal taxes.
The Association’s successful lawsuit against New York’s Department of Taxation and Finance was concluded April 19. OOIDA’s attorneys say the refund process will now begin.
According to Daniel Cohen of the Cullen Law Firm in Washington, D.C., it is projected that checks will be mailed to the approximately 110,000 class members in July 2017.
Carriers in the class are entitled to keep refunds for taxes paid exclusively by them. Cohen said by order of the court, however, carriers who charged back any registration or decal payments to owner-operators are required to pass through or reimburse the full amount of the tax refunds they receive for such tax payments to those owner-operators, without regard to any claims or setoffs.
All disputes regarding the reimbursement of owner-operators will be referred to a mediator designated by the court. Any disputes must be received in writing by the Cullen Law Firm, PLLC, 1101 30th Street NW, Suite 300, Washington, DC 20007 within six months after the date the refund payment was sent to the class member.
For further details, visit the website at NYTruckTaxRefunds.com.
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