N.Y. RPT Law § 1316 — New York Code / Act RPT / Article 13 / Section 1316
Alternative school tax apportionment
Status: in_force

§ 1316. Alternative school tax apportionment. 1. Notwithstanding the\nprovisions of section thirteen hundred fourteen of this article, a\nschool district located in more than one city or town, which includes a\ndesignated large property, as determined by the commissioner of taxation\nand finance, may provide by annual resolution, adopted no later than ten\ndays prior to the last day provided by law for the levy of school taxes,\nthat school taxes to be levied for the fiscal year commencing July first\nof the same year shall be apportioned to each city or town or part\nthereof in accordance with the provisions set forth in this section.\n  2. A designated large property is real property consisting of one\nparcel on an assessment roll or multiple parcels on an assessment roll\nunder common ownership that meet all of the following criteria:\n  (a) the large property constitutes five percent or more of the total\nassessed value used to establish the latest state equalization rate and\nconstitutes five percent or more of the total assessed value of a school\ndistrict segment of the city or town;\n  (b) the full value estimate of the large property used by the\ncommissioner to establish the latest state equalization rate is at least\nfive million dollars; and\n  (c) the percentage difference between the latest state equalization\nrate and the apportionment equalization rate computed pursuant to\nsubdivision four of this section is at least five percent.\n  3. Within five days of the establishment of the latest final state\nequalization rate, the commissioner shall notify both the appropriate\nschool district and the assessing unit of such designation. Such notice\nshall contain instructions for the apportionment of the tax levy in\naccordance with the provisions of subdivision seven of this section and\nshall contain an apportionment rate computed in accordance with\nsubdivision four of this section.\n  4. The apportionment rate shall be the latest final state equalization\nrate, computed exclusive of the total assessed value or full value\nestimate of the designated large property.\n  5. If there is a change in level of assessment of two percent or more\nbetween the assessment roll for which the latest final state\nequalization rate is established and the assessment roll upon which the\nschool tax is levied, then the apportionment rate for school purposes\nshall be adjusted by multiplying the apportionment rate by the change in\nlevel of assessment.\n  6. Within five days of receiving notification from the commissioner\nthat a designated large property exists, the assessor shall certify to\nthe school district the assessed value of the designated large property\nfor the purpose of apportioning and levying taxes. A copy of such\ncertificate shall also be provided to the commissioner.\n  7. The school district shall apportion and levy its taxes as follows:\n  (a) The tax shall be apportioned in accordance with the provisions of\nsection thirteen hundred fourteen of this article.\n  (b) The amount of tax to be raised from the designated large property\nshall be determined by multiplying the appropriate assessed value tax\nrate determined in accordance with paragraph (a) of this subdivision by\nthe taxable assessed value of the designated large property within the\nschool district. This shall be the amount of the tax levied upon the\ndesignated large property.\n  (c) The amount of tax for the large property determined in paragraph\n(b) of this subdivision shall be subtracted from the total amount of\nreal property tax to be raised throughout the school district.\n  (d) The resulting tax levy from paragraph (c) of this subdivision\nshall be reapportioned among all other property within the taxing\njurisdiction, exclusive of the designated large property. This\nreapportionment shall be done in accordance with section thirteen\nhundred fourteen of this article, except that:\n  (i) The assessed value of the designated large property shall be\nsubtracted from the assessed value of the appropriate city or town\nsegment used in the initial apportionment of the tax in paragraph (a) of\nthis subdivision.\n  (ii) The apportionment rate shall be used for the city or town\ncontaining the designated large property.\n  (iii) For all cities and towns not containing the designated large\nproperty, the assessed values and equalization rates shall be the same\namounts used in paragraph (a) of this subdivision.\n  (e) Separate assessed value tax rates will be determined for the\ndesignated large property and the other property within the city or town\nwhere the designated large property is located.\n  (f) In the event that there are multiple designated large properties\nwithin the school district, the amount of tax to be levied upon each\nlarge property, determined in paragraph (b) of this subdivision, shall\nbe summed and treated as one amount for determining the amount of tax to\nbe raised from the remaining property in paragraph (c) of this\nsubdivision.\n