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

§ 253-r. Recording tax imposed by the county of Schenectady. 1.\nSchenectady 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.\n  Except as otherwise provided in this section, all the provisions of\nthis article relating to or applicable to the administration and\ncollection of the taxes imposed by such subdivision shall apply to the\ntaxes imposed under the authority of this section with such\nmodifications as may be necessary to adapt such language to the tax so\nauthorized. Such provisions shall apply with the same force and effect\nas if those provisions had been set forth in full in this section except\nto the extent that any provision is either inconsistent with a provision\nof this section or not relevant to the tax authorized by this section.\nFor purposes of this section, any reference in this article to the tax\nor taxes imposed by this article shall be deemed to refer to a tax\nimposed pursuant to this section, and any reference to the phrase\n"within this state" shall be read as "within Schenectady county", unless\na different meaning 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 opening paragraph of section two\nhundred sixty of this article which concerns real property situated in\ntwo or more counties. Where such property is situated both within such\ncounty and without the state, the amount due and payable to such county\nshall be determined in the manner prescribed in the second undesignated\nparagraph of such section two hundred sixty which concerns property\nsituated within and without the state. Where real property is situated\nwithin and without the county imposing such tax, the recording officer\nof the jurisdiction in which the mortgage is first recorded shall be\nrequired 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\nSchenectady during each month upon account of the tax imposed pursuant\nto the authority of this section, after deducting the necessary expenses\nof his or her office as provided in section two hundred sixty-two of\nthis article, except taxes paid upon mortgages which under the\nprovisions of this section or section two hundred sixty of this article\nare first to be apportioned by the commissioner, shall be paid over by\nsuch officer on or before the tenth day of each succeeding month to the\nSchenectady county treasurer and, after the deduction by the Schenectady\ncounty treasurer of the necessary expenses of his or her office provided\nin section two hundred sixty-two of this article shall be deposited in\nthe general fund of the county of Schenectady for expenditure on any\ncounty purpose.\n  Notwithstanding 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 sections\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. Each enactment of a local law may provide for the imposition of a\nmortgage tax for a period of time no longer than three years from the\ndate of its enactment. Nothing in this section shall prohibit the\nadoption and enactment of local laws, pursuant to the provisions of this\nsection, upon the expiration of any other local law adopted pursuant to\nthis section.\n  7. 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  8. Certified copies of any local law described in this section shall\nalso be filed with the county clerk of the county of Schenectady, the\nsecretary of state and the state comptroller within five days after the\ndate it is duly enacted.\n