§ 844 — Use of county equalization rates

§ 844. Use of county equalization rates. 1. In any county to which\nthis title is applicable, county taxes shall be apportioned among the\ncities and towns within the county on the basis of the proportion of the\ntotal full valuation of taxable real property within the county which is\nlocated within each city and town. This total valuation shall be\ndetermined by dividing the taxable assessed value of taxable real\nproperty by the appropriate city or town equalization rate as certified\nby the commissioner pursuant to this title. For purposes of this\nsection: (a) "taxable real property" excludes real property which, by\nstatute, is wholly exempt from county taxation, (b) "taxable assessed\nvalue" is limited to the assessed value actually subject to county\ntaxation except that it also includes the amount of assessed value\npartially exempt from county taxation pursuant to (i) sections four\nhundred fifty-eight, four hundred sixty and four hundred sixty-four of\nthis chapter, and (ii) such other sections of law as the county\nlegislature designates by resolution to be included in the total\nvaluation. Where the commissioner furnishes the same state equalization\nor special equalization rate for two or more of the cities and towns in\nthe county for use by that county in the apportionment of taxes, the\ncommissioner shall concurrently therewith notify the county that county\ntaxes may be apportioned in the manner provided by subdivision two of\nthis section.\n 2. When the commissioner has furnished the same state equalization or\nspecial equalization rate for two or more of the cities and towns in a\ncounty for use by that county in the apportionment of taxes, the county\nmay apportion its levy as follows: (a) The county shall determine the\namount of county tax to be raised from each city and town in the county\nin accordance with the provisions set forth in subdivision one of this\nsection.\n (b) For those cities and towns with respect to which the commissioner\nhas furnished the same state equalization or special equalization rate,\nthe amount of county tax to be raised in aggregate from each part of\nsuch city or town is the sum of the amounts determined for each such\ncity and town in accordance with paragraph (a) of this subdivision. This\naggregate amount of school tax shall be apportioned to each such city or\ntown in proportion to the sum of the assessed value actually subject to\nthe taxation for county purposes.\n 3. On or before the first day of February in each year, the clerk of\nthe county legislative body shall transmit to the commissioner, in the\nform prescribed by it, a statement for the preceding calendar year\nshowing the taxable assessed value of taxable real property of each city\nand town; the taxable assessed value upon which the county tax has\nactually been levied; the county equalization rate certified by the\ncommissioner; the full valuation of taxable real property used for\napportioning the tax levy between municipalities; whether any taxes were\napportioned pursuant to the provisions of subdivision two of this\nsection; and a list of the partial exemptions which the county\nlegislature has, by resolution adopted pursuant to this section, elected\nto include in the taxable assessed value actually subject to county\ntaxation. The time for transmitting such statement may be extended by\nthe commissioner for good cause shown by the clerk of the county\nlegislative body.\n 4. If it appears to the board of supervisors of any county that a\nclerical error has been made by the county equalization agency and that\nby reason of such error injustice has been done to one or more cities or\ntowns and that two years have not elapsed since the equalization, the\nerror may be corrected by the board of supervisors. If the equalization\ncannot be corrected before taxes are levied on the basis thereof, such\nboard shall determine the amount of county taxes paid or payable by any\nsuch city or town under such equalization in excess of or less than that\nwhich such city or town would have paid under such equalization as\ncorrected. The excess shall be subtracted, or the deficiency shall be\nadded, from or to the next county tax levy in such city or town as the\nsituation may require.\n