NY Tax L § 1262-B (2021)
2021 New York Laws TAX - Tax Article 29 - Taxes Authorized for Cities, Counties and School Districts Part 4 - Disposition of Revenues 1262-B - The Westchester County Property Tax Stabilization and Relief Act.

* §  1262-b.  The  Westchester  county  property tax stabilization and relief act. Notwithstanding any other provision of law to the  contrary: (a)  If  the  county  of  Westchester imposes sales and compensating use taxes pursuant to subdivision (a) of section twelve hundred ten of  this article at the rate of three percent:  (1)  The  county  shall allocate one-half of net collections from such taxes imposed pursuant to subdivision (a) of section twelve hundred  ten of  this  article countywide among the cities and towns of the county on the basis of the ratio which the full valuation of real property in each city or town bears to the aggregate full valuation of real  property  in all  cities  and  towns  of  the  county.  Amounts so allocated shall be credited to each of said cities  and  towns  against  the  county  taxes levied upon real property in said cities and towns.  (2)  The  county  shall  allocate  and  credit or pay one-third of net collections from such taxes  imposed  pursuant  to  subdivision  (a)  of section  twelve  hundred  ten  of this article to the area of the county outside any city imposing sales and compensating use taxes at a rate  of one  and  one-half  percent  or  greater  pursuant  to  the authority of subdivision (a) or at any rate pursuant to the authority of  subdivision (b) of section twelve hundred ten of this article as follows:  (A)  One-third of such net collections shall be allocated and credited in the manner set forth in paragraph one of this subdivision.  (B) One-sixth of such net collections  shall  be  allocated  and  paid quarterly by the county commissioner of finance, in cash, to the several school  districts  in  such  area  of  the  county outside any such city imposing sales and compensating use taxes. Such allocation and  payment, to  such  several  school  districts,  shall be made on the basis of the ratio which the population of each such school  district  bears  to  the aggregate population of all of the school districts in such area. In the case  of  school  districts  which  are  partially  within and partially without the county, or partially within or partially without the area of the county outside a city imposing sales and compensating use taxes, the allocation and payment to each such school district shall be made on the basis of the population in such school district in  the  county,  or  in such  area  of the county outside a city imposing sales and compensating use taxes, as the case may be. Such populations shall be  determined  in accordance  with  the latest federal census or special population census under  section  twenty  of  the  general  municipal  law  completed  and published  prior  to the end of the quarter in which such allocation and payment are made, which special  population  census  shall  include  the entire  area of the county; provided that such special population census shall not be taken more than once in every two years. A school  district split  between  Westchester  county  and another county shall apply such allocation and payment solely to the benefit of  the  residents  of  the county in which the sales and compensating use taxes are imposed.  (C)  One-half  of  such  net  collections  shall be allocated and paid quarterly by the county commissioner of finance, in cash, to the  cities not  imposing  sales  and  compensating  use  taxes and to the towns and villages on which such rate is imposed, on the basis of the ratio  which the  population of each such city, town or village on which such rate is imposed bears to the entire population of all  such  cities,  towns  and villages  in  the  area  on which such rate is imposed. Such populations shall be determined in accordance with  the  latest  federal  census  or special  population census under section twenty of the general municipal law completed and published prior to the end of  the  quarter  in  which such  allocation  is made, which special population census shall include the entire area of the county; provided  that  such  special  population census shall not be taken more than once in every two years.  (D)  The  quarterly  allocation  and payment of cash to cities, towns, villages and school districts provided  for  under  this  paragraph  and under  paragraph  three of this subdivision and under subdivision (b) of this section may be made after payment by the state comptroller  to  the county  of the net collections subject to such allocation and receipt by the county commissioner of finance of the  quarterly  settlement  report issued  by  the  department, and may include adjustments for corrections applicable to such allocations. All ratios  established  by  the  county commissioner  of  finance  with respect to allocations to cities, towns, villages  and  school  districts  under  this  subdivision   and   under subdivision (b) of this section shall be carried to four decimal places. The allocation of net collections and payment of cash provided for under this  paragraph  and under paragraph three of this subdivision and under subdivision (b) of this section shall be made to a town based  upon  the population  of  the  town  less  the  population of any village therein, provided that a town/village or village/town shall be deemed  a  village for  the  purpose  of determining such allocation. The allocation of net collections and payment of cash provided for under  this  paragraph  and under  paragraph  three of this subdivision and under subdivision (b) of this section shall be applied by the cities, towns, villages and  school districts  receiving such allocation and payment as a credit against the taxes upon real property  imposed  by  such  municipalities  and  school districts,  respectively.  The  allocation and payment received by towns shall be credited against real property taxes in either the general fund town-wide or the town outside village fund or a combination thereof.  (3) The county shall allocate and  credit  or  pay  one-sixth  of  net collections  from  such  taxes  imposed  pursuant  to subdivision (a) of section twelve hundred ten of this article to the  area  of  the  county outside  any city imposing sales and compensating use taxes at a rate of one and one-half  percent  or  greater  pursuant  to  the  authority  of subdivision  (a) or at any rate pursuant to the authority of subdivision (b) of section twelve hundred ten of this article as follows:  (A) Seventy percent of such net collections shall be retained  by  the county to be used for any county purpose.  (B) Ten percent of such net collections shall be allocated and paid in the  manner  set  forth  in  subparagraph  (B)  of paragraph two of this subdivision.  (C) Twenty percent of such net collections shall be allocated and paid in the manner set forth in subparagraph (C) of  paragraph  two  of  this subdivision.  (b)  If  the  county of Westchester imposes the additional one percent rate of sales and compensating use tax authorized by clause forty-two of subparagraph (i) of the opening paragraph of section twelve hundred  ten of  this  article,  the  county  shall  allocate  and  credit or pay net collections from such additional one percent  rate  in  the  manner  set forth in paragraph three of subdivision (a) of this section with respect to  the  area  of  the  county  outside  any  city  imposing  sales  and compensating use taxes at a rate of one and one-half percent or  greater pursuant  to  the authority of subdivision (a) of section twelve hundred ten of this article  or  at  any  rate  pursuant  to  the  authority  of subdivision (b) of section twelve hundred ten of this article.  (c) Nothing in this section shall be construed to impair the powers of a  city  currently imposing sales and compensating use taxes pursuant to the authority of  section  twelve  hundred  ten  of  this  article  from continuing  to  do  so in accordance with law. No school district in any city imposing such sales and compensating use taxes shall be entitled to receive a cash allocation and payment under paragraph two  or  three  of subdivision  (a) or under subdivision (b) of this section. No city, town  or village  authorized  or  entitled  to  receive  an  allocation  under subparagraph (C) of paragraph two or subparagraph (C) of paragraph three of  subdivision  (a)  or  under subdivision (b) of this section shall be authorized  or  entitled  to  receive  any cash allocation under section twelve hundred sixty-two of this article.   * NB Expires November 30, 2023