N.Y. Real Property Tax Law § 1316: Alternative school tax apportionment

§ 1316. Alternative school tax apportionment. 1. Notwithstanding the

provisions of section thirteen hundred fourteen of this article, a

school district located in more than one city or town, which includes a

designated large property, as determined by the commissioner of taxation

and finance, may provide by annual resolution, adopted no later than ten

days prior to the last day provided by law for the levy of school taxes,

that school taxes to be levied for the fiscal year commencing July first

of the same year shall be apportioned to each city or town or part

thereof in accordance with the provisions set forth in this section.

2. A designated large property is real property consisting of one

parcel on an assessment roll or multiple parcels on an assessment roll

under common ownership that meet all of the following criteria:

(a) the large property constitutes five percent or more of the total

assessed value used to establish the latest state equalization rate and

constitutes five percent or more of the total assessed value of a school

district segment of the city or town;

(b) the full value estimate of the large property used by the

commissioner to establish the latest state equalization rate is at least

five million dollars; and

(c) the percentage difference between the latest state equalization

rate and the apportionment equalization rate computed pursuant to

subdivision four of this section is at least five percent.

3. Within five days of the establishment of the latest final state

equalization rate, the commissioner shall notify both the appropriate

school district and the assessing unit of such designation. Such notice

shall contain instructions for the apportionment of the tax levy in

accordance with the provisions of subdivision seven of this section and

shall contain an apportionment rate computed in accordance with

subdivision four of this section.

4. The apportionment rate shall be the latest final state equalization

rate, computed exclusive of the total assessed value or full value

estimate of the designated large property.

5. If there is a change in level of assessment of two percent or more

between the assessment roll for which the latest final state

equalization rate is established and the assessment roll upon which the

school tax is levied, then the apportionment rate for school purposes

shall be adjusted by multiplying the apportionment rate by the change in

level of assessment.

6. Within five days of receiving notification from the commissioner

that a designated large property exists, the assessor shall certify to

the school district the assessed value of the designated large property

for the purpose of apportioning and levying taxes. A copy of such

certificate shall also be provided to the commissioner.

7. The school district shall apportion and levy its taxes as follows:

(a) The tax shall be apportioned in accordance with the provisions of

section thirteen hundred fourteen of this article.

(b) The amount of tax to be raised from the designated large property

shall be determined by multiplying the appropriate assessed value tax

rate determined in accordance with paragraph (a) of this subdivision by

the taxable assessed value of the designated large property within the

school district. This shall be the amount of the tax levied upon the

designated large property.

(c) The amount of tax for the large property determined in paragraph

(b) of this subdivision shall be subtracted from the total amount of

real property tax to be raised throughout the school district.

(d) The resulting tax levy from paragraph (c) of this subdivision

shall be reapportioned among all other property within the taxing

jurisdiction, exclusive of the designated large property. This

reapportionment shall be done in accordance with section thirteen

hundred fourteen of this article, except that:

(i) The assessed value of the designated large property shall be

subtracted from the assessed value of the appropriate city or town

segment used in the initial apportionment of the tax in paragraph (a) of

this subdivision.

(ii) The apportionment rate shall be used for the city or town

containing the designated large property.

(iii) For all cities and towns not containing the designated large

property, the assessed values and equalization rates shall be the same

amounts used in paragraph (a) of this subdivision.

(e) Separate assessed value tax rates will be determined for the

designated large property and the other property within the city or town

where the designated large property is located.

(f) In the event that there are multiple designated large properties

within the school district, the amount of tax to be levied upon each

large property, determined in paragraph (b) of this subdivision, shall

be summed and treated as one amount for determining the amount of tax to

be raised from the remaining property in paragraph (c) of this

subdivision.