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New York · Through 2026-09-11

N.Y. Real Property Tax Law § 402: United States or state property held under contract of sale

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Where this section sits in the code
  1. Real Property Tax Law
  2. Article 4. Exemptions
  3. Title 1. Public Property

§ 402. United States or state property held under contract of sale.

1. Whenever the legal title of real property is in the United States,

or in the state of New York, but the use, occupation or possession

thereof is in a person, partnership, association or corporation under a

contract of sale or other agreement whereby a right to acquire the

premises through an option, a first privilege or a first refusal is

granted, or whereby upon one or more payments the legal title thereto is

to be or may be acquired by such person, partnership, association or

corporation, his or its interest in such real property shall be assessed

and taxed as real property and shall be entered in the assessment roll

in the same manner as if such person, partnership, association or

corporation held the legal title to such property, except for the

addition to the description of the words "interest under contract",

"interest under option", or other appropriate words descriptive of the

interest in the property so assessed. Such assessment shall be at the

full value of such interest.

2. The assessors shall add to the assessment roll opposite the

description of any such interest a notation stating that the real

property itself so owned by the United States, or by the state, is not

to be taxed. Every notice of sale or other process and every conveyance

or other instrument affecting the title to any such property, consequent

upon the non-payment of any such tax, shall contain a statement that

such legal title is not sold or to be sold or affected.

3. The classification of such interest as real property for the

purposes of taxation under this chapter shall not be affected by any

provision of the contract or agreement under which the same is held.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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