§ 626 — Deductions allowed against taxes on special franchises

§ 626. Deductions allowed against taxes on special franchises. 1. When\na tax levied on a special franchise is due in any assessing unit, if the\nspecial franchise owner has paid such assessing unit for its exclusive\nuse during the past year under any agreement or statute requiring the\nsame, a sum based upon a percentage of gross earnings or other income, a\nlicense fee or other sum of money on account of such special franchise\npossessed by such special franchise owner, which payment was in the\nnature of a tax, all amounts so paid for the exclusive use of such\nassessing unit, except money paid or expended for paving or repairing\nthe pavement of a street, highway or public place, and except in a city\nhaving a population of one hundred seventy-five thousand or more\naccording to the latest federal census, car license fees or tolls paid\nfor the privilege of crossing a bridge owned by the city, shall be\ndeducted from the tax based on the assessment made by the commissioner\nfor purposes of the assessing unit, but not otherwise, and the remainder\nshall be the tax on such special franchise payable for such purposes.\n 2. The chief fiscal officer or treasurer of a city, the treasurer of a\nvillage, the supervisor of a town, or other officer to whom any sum is\npaid for which a special franchise owner is entitled to credit as\nprovided in this section, shall, not less than five nor more than twenty\ndays before a tax on a special franchise is payable, deliver to the\ncollecting officer of such city, town or village, a certificate showing\nthe several amounts which have been paid during the year ending on the\ndate set forth in the certificate. Upon the receipt of such certificate,\nthe collecting officer shall credit on the tax roll to the special\nfranchise owner the amount stated in such certificate, on any tax levied\nagainst the special franchise of such special franchise owner for city,\ntown or village purposes only. No credit shall be given on account of\nsuch payment or certificate in any other year, nor for a greater sum\nthan the amount of the tax on the special franchise for city, town or\nvillage purposes for the current year.\n 3. Notwithstanding the foregoing provisions, all sums based upon a\npercentage of gross earnings or any other income, or any license fee, or\nany sum of money on account of a special franchise, granted to or\npossessed by a railroad company deductible as provided in subdivision\none of this section shall be deducted from any tax based upon an\nassessment of the railroad real property of such railroad company,\nprovided, however, that this subdivision shall not apply to a commuter\nrailroad. The terms "railroad real property" and "railroad company" as\nused in this subdivision shall have the meanings prescribed by section\nfour hundred eighty-nine-b of this chapter and the term "commuter\nrailroad" shall have the meaning prescribed by section four hundred\neighty-nine-bb of this chapter.\n 4. Notwithstanding the definition in subdivision one of section one\nhundred two of this chapter, all villages shall be deemed assessing\nunits for purposes of this section.\n