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

* § 253-v. Recording tax imposed by the county of Cortland. 1.

Cortland 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 subdivisions 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 Cortland 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 first undesignated 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

Cortland 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 treasurer of

Cortland county and, after the deduction by such 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 Cortland for expenditure by such county for 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

section 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 the commissioner.

6. 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.

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

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

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

date it is duly enacted.

* NB Repealed December 1, 2027