§ 425-A — Abatement of county taxes in special assessing units

New York § 425-A

• Jurisdiction: New York
• Law RPT: Real Property Tax
• Title 2: Private Property
• Art. 4: Exemptions

Text

§ 425-a. Abatement of county taxes in special assessing units. 1.\nLocal option. The local legislative body of a county that is a special\nassessing unit may provide by local law for the partial abatement of\ncounty taxes pursuant to this section. Such abatement shall apply to\nassessment rolls beginning with the roll finally completed in the year\ntwo thousand two, and continuing through and including the roll finally\ncompleted in the year two thousand twenty-eight unless such local law is\nsooner repealed.\n 2. Eligible property. The property of a senior citizen that qualifies\nfor and receives the enhanced exemption pursuant to subdivision four of\nsection four hundred twenty-five of this title shall be qualified to\nreceive the abatement provided by this section.\n 3. Procedure. A separate application shall not be required for the\nabatement. The assessor of such special assessing unit shall compute and\napply the abatement when extending the tax on eligible property.\nEligibility for such abatement shall be determined annually; a property\nthat becomes eligible for a year subsequent to the initial year in which\nsuch abatement is authorized by local law shall receive the abatement\nfor such subsequent year and for each year thereafter while it remains\neligible and until the authorization for the abatement expires. If the\nenhanced exemption granted pursuant to subdivision four of section four\nhundred twenty-five of this title is later discontinued or revoked, the\nabatement given pursuant to this section shall likewise be discontinued\nor revoked. If eligibility for the abatement or the amount of the\nabatement changes after the extension of taxes, the assessor shall\nnotify the official responsible for the collection or refund of taxes,\nwho shall calculate and impose or refund the difference in taxes\naccordingly.\n 4. Computation of abatement by local legislative body. (a) The\nabatement given pursuant to this section shall eliminate all or part of\nthe tax that results from any increase in the general county tax rate\napplicable to the assessment roll finally completed in calendar year two\nthousand two as compared to the tax rate applicable to the assessment\nroll finally completed in calendar year two thousand one. It shall not\nlimit increases in tax that result from changes in the full value or\ntaxable value of property or from subsequent tax rate increases or\nincreases in taxes other than the general county tax.\n (b) The general county tax extended on an eligible parcel shall be\nabated by the abatement amount, which shall be calculated by multiplying\nthe taxable assessed valuation, after application of all exemptions for\nwhich such parcel is eligible for general county tax purposes, by the\nabatement tax rate determined pursuant to this subdivision, provided\nthat the abatement shall not exceed the general county tax otherwise\nchargeable to such eligible parcel.\n (c) The local legislative body shall determine separate abatement tax\nrates for each class of property, each roll year and each portion of the\ncounty for which a general county tax rate is determined. The abatement\nrate shall be the base abatement tax rate calculated pursuant to this\nsubdivision multiplied by the abatement ratio.\n (d) The abatement ratio shall be set forth in the local law, as it may\nbe amended from time to time, which adopts the abatement authorized by\nthis section. Such ratio shall be one-half if no other ratio is\nspecified in the local law. In no event shall the abatement ratio be\ngreater than one.\n (e) For the general county tax levied on the assessment roll finally\ncompleted in calendar year two thousand two, the base abatement tax rate\nfor a class shall be the general county tax rate for such class\napplicable to such assessment roll, less the tax rate for such class for\nthe roll finally completed in calendar year two thousand one.\n (f) In each subsequent year the base abatement tax rate shall be\nadjusted to account for changes in the level of assessment by\nmultiplying the base abatement tax rate calculated pursuant to paragraph\n(e) of this subdivision by the ratio between the class equalization rate\nfor such class for the roll completed in calendar year two thousand two\nand the class equalization rate for such class for the assessment roll\nfor such subsequent year.\n (g) If the equalized tax rate for a class in any year is less than the\nequalized tax rate for the roll finally completed in calendar year two\nthousand two but more than the rate for the roll completed in calendar\nyear two thousand one, the base abatement tax rate shall be recalculated\nby dividing the difference between such equalized tax rates by the class\nequalization ratio for the roll year of the taxes to be abated.\n (h) If the equalized tax rate for a class and roll year after calendar\nyear two thousand two is less than the equalized tax rate for the roll\ncompleted in calendar year two thousand one, no abatement shall be\ngranted for property in such class for such roll year.\n (i) For purposes of this section, "class" shall have the meaning\nprovided by section eighteen hundred two of this chapter and "class\nequalization rate" shall have the meaning provided by section twelve\nhundred two of this chapter. The term "equalized tax rate" shall mean\nthe general county tax rate for a class and roll year multiplied by the\nclass equalization rate for such class and year.\n 5. Cooperative apartment corporations, trailers and mobile homes. The\nabatement authorized by this section shall apply to taxes on real\nproperty owned by a cooperative corporation and to trailers and mobile\nhomes to the extent such taxes are attributable to the property of\neligible shareholders or owners and shall be credited against the taxes\nor rent otherwise payable by or chargeable to such eligible individuals\nin the same manner as is provided for the exemption given by section\nfour hundred twenty-five of this title.\n 6. Retroactive implementation. A local law adopted pursuant to this\nsection may provide that benefits shall be given retroactively in\nrespect to all or specified assessment rolls finally completed in or\nafter the year two thousand two. Such local law may provide that the\nassessor of such special assessing unit shall apply the retroactive\nabatement as a credit against current taxes for one or more years or may\nauthorize the chief financial officer of the county to refund the excess\ntaxes collected without interest in one or more installments over a\nperiod of one or more years.\n