N.Y. Real Property Tax Law § 626: Deductions allowed against taxes on special franchises

§ 626. Deductions allowed against taxes on special franchises. 1. When

a tax levied on a special franchise is due in any assessing unit, if the

special franchise owner has paid such assessing unit for its exclusive

use during the past year under any agreement or statute requiring the

same, a sum based upon a percentage of gross earnings or other income, a

license fee or other sum of money on account of such special franchise

possessed by such special franchise owner, which payment was in the

nature of a tax, all amounts so paid for the exclusive use of such

assessing unit, except money paid or expended for paving or repairing

the pavement of a street, highway or public place, and except in a city

having a population of one hundred seventy-five thousand or more

according to the latest federal census, car license fees or tolls paid

for the privilege of crossing a bridge owned by the city, shall be

deducted from the tax based on the assessment made by the commissioner

for purposes of the assessing unit, but not otherwise, and the remainder

shall be the tax on such special franchise payable for such purposes.

2. The chief fiscal officer or treasurer of a city, the treasurer of a

village, the supervisor of a town, or other officer to whom any sum is

paid for which a special franchise owner is entitled to credit as

provided in this section, shall, not less than five nor more than twenty

days before a tax on a special franchise is payable, deliver to the

collecting officer of such city, town or village, a certificate showing

the several amounts which have been paid during the year ending on the

date set forth in the certificate. Upon the receipt of such certificate,

the collecting officer shall credit on the tax roll to the special

franchise owner the amount stated in such certificate, on any tax levied

against the special franchise of such special franchise owner for city,

town or village purposes only. No credit shall be given on account of

such payment or certificate in any other year, nor for a greater sum

than the amount of the tax on the special franchise for city, town or

village purposes for the current year.

3. Notwithstanding the foregoing provisions, all sums based upon a

percentage of gross earnings or any other income, or any license fee, or

any sum of money on account of a special franchise, granted to or

possessed by a railroad company deductible as provided in subdivision

one of this section shall be deducted from any tax based upon an

assessment of the railroad real property of such railroad company,

provided, however, that this subdivision shall not apply to a commuter

railroad. The terms "railroad real property" and "railroad company" as

used in this subdivision shall have the meanings prescribed by section

four hundred eighty-nine-b of this chapter and the term "commuter

railroad" shall have the meaning prescribed by section four hundred

eighty-nine-bb of this chapter.

4. Notwithstanding the definition in subdivision one of section one

hundred two of this chapter, all villages shall be deemed assessing

units for purposes of this section.