§ 1262-B — The Westchester county property tax stabilization and relief act

New York § 1262-B

• Jurisdiction: New York
• Law TAX: Tax
• Part 4: Disposition of Revenues
• Art. 29: Taxes Authorized For Cities, Counties and School Districts

Text

* § 1262-b. The Westchester county property tax stabilization and\nrelief act. Notwithstanding any other provision of law to the contrary:\n(a) If the county of Westchester imposes sales and compensating use\ntaxes pursuant to subdivision (a) of section twelve hundred ten of this\narticle at the rate of three percent:\n (1) The county shall allocate one-half of net collections from such\ntaxes imposed pursuant to subdivision (a) of section twelve hundred ten\nof this article countywide among the cities and towns of the county on\nthe basis of the ratio which the full valuation of real property in each\ncity or town bears to the aggregate full valuation of real property in\nall cities and towns of the county. Amounts so allocated shall be\ncredited to each of said cities and towns against the county taxes\nlevied upon real property in said cities and towns.\n (2) The county shall allocate and credit or pay one-third of net\ncollections from such taxes imposed pursuant to subdivision (a) of\nsection twelve hundred ten of this article to the area of the county\noutside any city imposing sales and compensating use taxes at a rate of\none and one-half percent or greater pursuant to the authority of\nsubdivision (a) or at any rate pursuant to the authority of subdivision\n(b) of section twelve hundred ten of this article as follows:\n (A) One-third of such net collections shall be allocated and credited\nin the manner set forth in paragraph one of this subdivision.\n (B) One-sixth of such net collections shall be allocated and paid\nquarterly by the county commissioner of finance, in cash, to the several\nschool districts in such area of the county outside any such city\nimposing sales and compensating use taxes. Such allocation and payment,\nto such several school districts, shall be made on the basis of the\nratio which the population of each such school district bears to the\naggregate population of all of the school districts in such area. In the\ncase of school districts which are partially within and partially\nwithout the county, or partially within or partially without the area of\nthe county outside a city imposing sales and compensating use taxes, the\nallocation and payment to each such school district shall be made on the\nbasis of the population in such school district in the county, or in\nsuch area of the county outside a city imposing sales and compensating\nuse taxes, as the case may be. Such populations shall be determined in\naccordance with the latest federal census or special population census\nunder section twenty of the general municipal law completed and\npublished prior to the end of the quarter in which such allocation and\npayment are made, which special population census shall include the\nentire area of the county; provided that such special population census\nshall not be taken more than once in every two years. A school district\nsplit between Westchester county and another county shall apply such\nallocation and payment solely to the benefit of the residents of the\ncounty in which the sales and compensating use taxes are imposed.\n (C) One-half of such net collections shall be allocated and paid\nquarterly by the county commissioner of finance, in cash, to the cities\nnot imposing sales and compensating use taxes and to the towns and\nvillages on which such rate is imposed, on the basis of the ratio which\nthe population of each such city, town or village on which such rate is\nimposed bears to the entire population of all such cities, towns and\nvillages in the area on which such rate is imposed. Such populations\nshall be determined in accordance with the latest federal census or\nspecial population census under section twenty of the general municipal\nlaw completed and published prior to the end of the quarter in which\nsuch allocation is made, which special population census shall include\nthe entire area of the county; provided that such special population\ncensus shall not be taken more than once in every two years.\n (D) The quarterly allocation and payment of cash to cities, towns,\nvillages and school districts provided for under this paragraph and\nunder paragraph three of this subdivision and under subdivision (b) of\nthis section may be made after payment by the state comptroller to the\ncounty of the net collections subject to such allocation and receipt by\nthe county commissioner of finance of the quarterly settlement report\nissued by the department, and may include adjustments for corrections\napplicable to such allocations. All ratios established by the county\ncommissioner of finance with respect to allocations to cities, towns,\nvillages and school districts under this subdivision and under\nsubdivision (b) of this section shall be carried to four decimal places.\nThe allocation of net collections and payment of cash provided for under\nthis paragraph and under paragraph three of this subdivision and under\nsubdivision (b) of this section shall be made to a town based upon the\npopulation of the town less the population of any village therein,\nprovided that a town/village or village/town shall be deemed a village\nfor the purpose of determining such allocation. The allocation of net\ncollections and payment of cash provided for under this paragraph and\nunder paragraph three of this subdivision and under subdivision (b) of\nthis section shall be applied by the cities, towns, villages and school\ndistricts receiving such allocation and payment as a credit against the\ntaxes upon real property imposed by such municipalities and school\ndistricts, respectively. The allocation and payment received by towns\nshall be credited against real property taxes in either the general fund\ntown-wide or the town outside village fund or a combination thereof.\n (3) The county shall allocate and credit or pay one-sixth of net\ncollections from such taxes imposed pursuant to subdivision (a) of\nsection twelve hundred ten of this article to the area of the county\noutside any city imposing sales and compensating use taxes at a rate of\none and one-half percent or greater pursuant to the authority of\nsubdivision (a) or at any rate pursuant to the authority of subdivision\n(b) of section twelve hundred ten of this article as follows:\n (A) Seventy percent of such net collections shall be retained by the\ncounty to be used for any county purpose.\n (B) Ten percent of such net collections shall be allocated and paid in\nthe manner set forth in subparagraph (B) of paragraph two of this\nsubdivision.\n (C) Twenty percent of such net collections shall be allocated and paid\nin the manner set forth in subparagraph (C) of paragraph two of this\nsubdivision.\n (b) If the county of Westchester imposes the additional one percent\nrate of sales and compensating use tax authorized by clause forty-two of\nsubparagraph (i) of the opening paragraph of section twelve hundred ten\nof this article, the county shall allocate and credit or pay net\ncollections from such additional one percent rate in the manner set\nforth in paragraph three of subdivision (a) of this section with respect\nto the area of the county outside any city imposing sales and\ncompensating use taxes at a rate of one and one-half percent or greater\npursuant to the authority of subdivision (a) of section twelve hundred\nten of this article or at any rate pursuant to the authority of\nsubdivision (b) of section twelve hundred ten of this article.\n (c) Nothing in this section shall be construed to impair the powers of\na city currently imposing sales and compensating use taxes pursuant to\nthe authority of section twelve hundred ten of this article from\ncontinuing to do so in accordance with law. No school district in any\ncity imposing such sales and compensating use taxes shall be entitled to\nreceive a cash allocation and payment under paragraph two or three of\nsubdivision (a) or under subdivision (b) of this section. No city, town\nor village authorized or entitled to receive an allocation under\nsubparagraph (C) of paragraph two or subparagraph (C) of paragraph three\nof subdivision (a) or under subdivision (b) of this section shall be\nauthorized or entitled to receive any cash allocation under section\ntwelve hundred sixty-two of this article.\n * NB Expires November 30, 2027\n