N.Y. Real Property Tax Law § 980-a: Tax credits for contributions to certain funds

§ 980-a. Tax credits for contributions to certain funds. 1. (a) A

municipal corporation that has established a fund pursuant to

subdivision forty-four of section sixteen hundred four of the education

law, subdivision twelve-b of section seventeen hundred nine of the

education law, subdivision fifty-four of section twenty-five hundred

ninety-h of the education law, or section six-t or six-u of the general

municipal law, may adopt a local law, or in the case of a school

district, a resolution, authorizing a tax credit to be provided pursuant

to this section for contributions to such fund. For purposes of this

section, a municipal corporation that has established such a fund and

authorized such a credit shall be referred to as a "participating"

municipal corporation.

(b) On and after a date specified in the local law or resolution

adopted by a participating municipal corporation pursuant to paragraph

(a) of this subdivision, the owner or owners of real property shall be

allowed a credit against the real property taxes of a participating

municipal corporation that have been imposed upon such property. The

amount of such credit shall equal ninety-five percent, or such lesser

allowable percentage credit as may have been established pursuant to

paragraph (c) of this subdivision, of the amount contributed by one or

more of the owners of such property during the "associated credit year"

as defined in this section, to any or all of the funds established by

such municipal corporation, subject to the limit established pursuant to

paragraph (c) of this subdivision, if any.

(c) The participating municipal corporation may establish a limit upon

the amount or percentage of such credit to be allowed in any given

fiscal year, in which case the amount of such credit shall not exceed

any limit so established. Any such limit shall be adopted by local law,

or in the case of a school district, by resolution, which local law or

resolution may either be the same as or separate from the local law or

resolution that initially authorized the credit. Once such a limit has

been adopted, it may be amended or repealed thereafter by local law, or

in the case of a school district, by resolution, provided that any such

amendment or repeal shall only apply to taxes of the participating

municipal corporation for fiscal years commencing after the adoption of

such local law or resolution. A copy of any local law or resolution

establishing, amending or repealing such a limit shall be provided to

the collecting officer who collects the taxes of the participating

municipal corporation.

2. For purposes of this section, the "associated credit year" shall be

the twelve-month period during which the owner of the property has made

a contribution described in subdivision one of this section that ends on

the last day prescribed by law on which the taxes of the participating

municipal corporation may be paid without interest or penalties, subject

to the following:

(a) Where such taxes are payable in installments, such twelve-month

period shall end on the last day prescribed by law on which the first

installment of such taxes may be paid without interest or penalties.

(b) Where a participating municipal corporation is a city school

district that is subject to article fifty-two of the education law, such

twelve-month period shall end on the last day prescribed by law on which

city taxes may be paid without interest or penalties, or if applicable,

on the last day prescribed by law on which the first installment of such

taxes may be paid without interest or penalties.

(c) Each such twelve-month period shall be determined without regard

to the possibility that the period prescribed by law for paying such

taxes without interest or penalties may be extended due to a delay in

the first publication of the collecting officer's notice as provided by

sections thirteen hundred twenty-two or thirteen hundred twenty-four of

this chapter or a comparable law, or due to an executive order issued in

connection with a state disaster emergency as provided by subdivision

two of section nine hundred twenty-five-a of this chapter.

3. The credit authorized by this section shall be administered as

follows:

(a) The administrator of the fund or its designated agent shall, upon

receiving a contribution to the fund specified in subdivision one of

this section during a credit year, furnish the property owner with an

acknowledgement in duplicate. Such acknowledgement shall be provided on

a form prescribed by the commissioner and shall specify the amount of

the contribution, the name and address of the donor, the date the

contribution was received, the authorized signature of the administrator

or agent, and such other information as the commissioner shall require.

(b) After receiving such an acknowledgement, the property owner may

present it to the appropriate collecting officer on or before the last

day prescribed by law on which taxes may be paid without interest or

penalty, together with a credit claim on a form prescribed by the

commissioner. Such credit claim form shall contain the name of the

property owner or owners, the date and amount of the contributions made

to the account during the associated credit year, the address of the

property to which the credit claim relates, and such other information

as the commissioner shall require. Notwithstanding any provision of law

to the contrary, the collecting officer shall thereupon be authorized

and directed to grant the property owner a tax credit equal to

ninety-five percent, or such lesser allowable percentage credit as may

have been established pursuant to paragraph (c) of subdivision one of

this section, of the amount of the contributions made during the

associated credit year as specified on the acknowledgement, and to

reduce the tax liability on the parcel accordingly, provided that such

credit may not exceed any percentage credit or other limit established

by the participating municipal corporation pursuant to paragraph (c) of

subdivision one of this section, if such a limit has been established,

and may not exceed the property taxes due or paid that are attributable

to the participating municipal corporation. Where taxes are payable in

installments, if the credit exceeds the amount of the first installment,

the excess shall be applied to future installments until exhausted. The

participating municipal corporation may adopt a local law, or in the

case of a school district, a resolution, providing that where a property

owner submits a credit claim form to the collecting officer prior to the

collecting officer's receipt of the tax warrant, or such other date as

may be specified in such local law or resolution, the associated

property tax bill shall reflect a reduction in the tax liability equal

to the credit authorized by this section; provided however that if the

collecting officer is not employed by the participating municipal

corporation, such local law or resolution shall not take effect unless

and until the governing body of the municipal corporation that employs

the collecting officer has adopted a resolution agreeing thereto. The

department of financial services, in consultation with the department,

shall promulgate regulations related to the adjustment of mortgage

escrow accounts to reflect the credits provided pursuant to this

section.

(c) If the property owner fails to present the acknowledgment and

credit claim form to the collecting officer on or before the last day

prescribed by law on which taxes may be paid without interest or

penalty, he or she may present the same to the chief fiscal officer or

chief financial officer of the participating municipal corporation, or

to a member of his or her staff. Such officer shall thereupon be

authorized and directed to grant the property owner a refund of property

taxes in the amount of the credit, which amount shall be equal to

ninety-five percent, or such lesser allowable percentage credit as may

have been established pursuant to paragraph (c) of subdivision one of

this section, of the total contributions made during the associated

credit year, provided that such refund shall not exceed the property

taxes that have been paid on the property or any percentage credit or

other limit established pursuant to paragraph (c) of subdivision one of

this section, if any, and may not exceed the property taxes due or paid

that are attributable to the participating municipal corporation.

Provided further, that no interest shall be payable on such refund if

paid within forty-five days of the receipt of the acknowledgment and

credit claim form. The owner of the property may file such refund claim

with the authorized officer at any time during the three year period

beginning immediately after the last day such taxes were payable without

interest or penalty.

4. The amount of the itemized deduction that may be claimed by a

taxpayer under section six hundred fifteen of the tax law with respect

to the taxes paid on such property may not exceed the amount of the

taxes of a participating municipal corporation that have been imposed

upon such property minus the amount of the credit provided pursuant to

this section.