N.Y. TAX Law § 253-U — New York Code / Act TAX / Article 11 / Section 253-U
Recording tax imposed by the county of Herkimer
Status: in_force

* § 253-u. Recording tax imposed by the county of Herkimer. 1.\nHerkimer county, acting through its local legislative body, is hereby\nauthorized and empowered to adopt and amend local laws imposing in such\ncounty a tax of twenty-five cents for each one hundred dollars and each\nremaining major fraction thereof of principal debt or obligation which\nis or under any contingency may be secured at the date of execution\nthereof, or at any time thereafter, by a mortgage on real property\nsituated within such county and recorded on or after the date upon which\nsuch tax takes effect and a tax of twenty-five cents on such mortgage if\nthe principal debt or obligation which is or by any contingency may be\nsecured by such mortgage is less than one hundred dollars.\n  2. The taxes imposed under the authority of this section shall be\nadministered and collected in the same manner as the taxes imposed under\nsubdivision one of section two hundred fifty-three and paragraph (b) of\nsubdivision one of section two hundred fifty-five of this article.\nExcept as otherwise provided in this section, all the provisions of this\narticle relating to or applicable to the administration and collection\nof the taxes imposed by such subdivisions shall apply to the taxes\nimposed under the authority of this section with such modifications as\nmay be necessary to adapt such language to the tax so authorized. Such\nprovisions shall apply with the same force and effect as if those\nprovisions had been set forth in full in this section except to the\nextent that any provision is either inconsistent with a provision of\nthis section or not relevant to the tax authorized by this section. For\npurposes of this section, any reference in this article to the tax or\ntaxes imposed by this article shall be deemed to refer to a tax imposed\npursuant to this section, and any reference to the phrase "within this\nstate" shall be read as "within Herkimer county", unless a different\nmeaning is clearly required.\n  3. Where the real property covered by the mortgage subject to the tax\nimposed pursuant to the authority of this section is situated in this\nstate but within and without the county imposing such tax, the amount of\nsuch tax due and payable to such county shall be determined in a manner\nsimilar to that prescribed in the first undesignated paragraph of\nsection two hundred sixty of this article which concerns real property\nsituated in two or more counties. Where such property is situated both\nwithin such county and without the state, the amount due and payable to\nsuch county shall be determined in the manner prescribed in the second\nundesignated paragraph of such section two hundred sixty which concerns\nproperty situated within and without the state. Where real property is\nsituated within and without the county imposing such tax, the recording\nofficer of the jurisdiction in which the mortgage is first recorded\nshall be required to collect the taxes imposed pursuant to this section.\n  4. A tax imposed pursuant to the authority of this section shall be in\naddition to the taxes imposed by section two hundred fifty-three of this\narticle.\n  5. Notwithstanding any provision of this article to the contrary, the\nbalance of all moneys paid to the recording officer of the county of\nHerkimer during each month upon account of the tax imposed pursuant to\nthe authority of this section, after deducting the necessary expenses of\nhis or her office as provided in section two hundred sixty-two of this\narticle, except taxes paid upon mortgages which under the provisions of\nthis section or section two hundred sixty of this article are first to\nbe apportioned by the commissioner, shall be paid over by such officer\non or before the tenth day of each succeeding month to the treasurer of\nHerkimer county and, after the deduction by such treasurer of the\nnecessary expenses of his or her office provided in section two hundred\nsixty-two of this article shall be deposited in the general fund of the\ncounty of Herkimer for expenditure on any county purpose.\nNotwithstanding the provisions of the preceding sentence, the tax so\nimposed and paid upon mortgages covering real property situated in two\nor more counties, which under the provisions of this section or section\ntwo hundred sixty of this article are first to be apportioned by the\ncommissioner, shall be paid over by the recording officer receiving the\nsame as provided by the determination of said commissioner.\n  6. Any local law imposing a tax pursuant to the authority of this\nsection or repealing or suspending such a tax shall take effect only on\nthe first day of a calendar month. Such a local law shall not be\neffective unless a certified copy thereof is mailed by registered or\ncertified mail to the commissioner at the commissioner's office in\nAlbany at least thirty days prior to the date the local law shall take\neffect.\n  7. Certified copies of any local law described in this section shall\nalso be filed with the county clerk of the county of Herkimer, the\nsecretary of state and the state comptroller within five days after the\ndate it is duly enacted.\n  * NB Repealed December 1, 2027\n