N.Y. Tax Law § 253-r: Recording tax imposed by the county of Schenectady

§ 253-r. Recording tax imposed by the county of Schenectady. 1.

Schenectady county, acting through its local legislative body, is hereby

authorized and empowered to adopt and amend local laws imposing in such

county a tax of twenty-five cents for each one hundred dollars and each

remaining major fraction thereof of principal debt or obligation which

is or under any contingency may be secured at the date of execution

thereof, or at any time thereafter, by a mortgage on real property

situated within such county and recorded on or after the date upon which

such tax takes effect and a tax of twenty-five cents on such mortgage if

the principal debt or obligation which is or by any contingency may be

secured by such mortgage is less than one hundred dollars.

2. The taxes imposed under the authority of this section shall be

administered and collected in the same manner as the taxes imposed under

subdivision one of section two hundred fifty-three and paragraph (b) of

subdivision one of section two hundred fifty-five of this article.

Except as otherwise provided in this section, all the provisions of

this article relating to or applicable to the administration and

collection of the taxes imposed by such subdivision shall apply to the

taxes imposed under the authority of this section with such

modifications as may be necessary to adapt such language to the tax so

authorized. Such provisions shall apply with the same force and effect

as if those provisions had been set forth in full in this section except

to the extent that any provision is either inconsistent with a provision

of this section or not relevant to the tax authorized by this section.

For purposes of this section, any reference in this article to the tax

or taxes imposed by this article shall be deemed to refer to a tax

imposed pursuant to this section, and any reference to the phrase

"within this state" shall be read as "within Schenectady county", unless

a different meaning is clearly required.

3. Where the real property covered by the mortgage subject to the tax

imposed pursuant to the authority of this section is situated in this

state but within and without the county imposing such tax, the amount of

such tax due and payable to such county shall be determined in a manner

similar to that prescribed in the opening paragraph of section two

hundred sixty of this article which concerns real property situated in

two or more counties. Where such property is situated both within such

county and without the state, the amount due and payable to such county

shall be determined in the manner prescribed in the second undesignated

paragraph of such section two hundred sixty which concerns property

situated within and without the state. Where real property is situated

within and without the county imposing such tax, the recording officer

of the jurisdiction in which the mortgage is first recorded shall be

required to collect the taxes imposed pursuant to this section.

4. A tax imposed pursuant to the authority of this section shall be in

addition to the taxes imposed by section two hundred fifty-three of this

article.

5. Notwithstanding any provision of this article to the contrary, the

balance of all moneys paid to the recording officer of the county of

Schenectady during each month upon account of the tax imposed pursuant

to the authority of this section, after deducting the necessary expenses

of his or her office as provided in section two hundred sixty-two of

this article, except taxes paid upon mortgages which under the

provisions of this section or section two hundred sixty of this article

are first to be apportioned by the commissioner, shall be paid over by

such officer on or before the tenth day of each succeeding month to the

Schenectady county treasurer and, after the deduction by the Schenectady

county treasurer of the necessary expenses of his or her office provided

in section two hundred sixty-two of this article shall be deposited in

the general fund of the county of Schenectady for expenditure on any

county purpose.

Notwithstanding the provisions of the preceding sentence, the tax so

imposed and paid upon mortgages covering real property situated in two

or more counties, which under the provisions of this section or sections

two hundred sixty of this article are first to be apportioned by the

commissioner, shall be paid over by the recording officer receiving the

same as provided by the determination of said commissioner.

6. Each enactment of a local law may provide for the imposition of a

mortgage tax for a period of time no longer than three years from the

date of its enactment. Nothing in this section shall prohibit the

adoption and enactment of local laws, pursuant to the provisions of this

section, upon the expiration of any other local law adopted pursuant to

this section.

7. Any local law imposing a tax pursuant to the authority of this

section or repealing or suspending such a tax shall take effect only on

the first day of a calendar month. Such a local law shall not be

effective unless a certified copy thereof is mailed by registered or

certified mail to the commissioner at the commissioner's office in

Albany at least thirty days prior to the date the local law shall take

effect.

8. Certified copies of any local law described in this section shall

also be filed with the county clerk of the county of Schenectady, the

secretary of state and the state comptroller within five days after the

date it is duly enacted.