NY Tax L § 253-L (2021)
2021 New York Laws TAX - Tax Article 11 - Tax on Mortgages 253-L - Recording Tax Imposed by the County of Rensselaer.

§  253-l.  Recording  tax  imposed  by  the  county  of Rensselaer. 1.   Rensselaer county, acting through its local legislative body, is  hereby   authorized  and empowered to adopt and amend local laws imposing in such   county a tax of twenty-five cents for each one hundred dollars and  each   remaining  major  fraction thereof of principal debt or obligation which   is or under any contingency may be secured  at  the  date  of  execution   thereof,  or  at  any  time  thereafter,  by a mortgage on real property   situated within such county and recorded on or after the date upon which   such tax takes effect and a tax of twenty-five cents on such mortgage if   the principal debt or obligation which is or by any contingency  may  be   secured by such mortgage is less than one hundred dollars.2.  The  taxes  imposed  under  the authority of this section shall be   administered and collected in the same manner as the taxes imposed under   subdivision one of section two hundred fifty-three and paragraph (b)  of   subdivision  one  of  section  two  hundred  fifty-five of this article.   Except as otherwise provided in this section, all the provisions of this   article relating to or applicable to the administration  and  collection   of  the  taxes  imposed  by  such  subdivisions shall apply to the taxes   imposed under the authority of this section with such  modifications  as   may  be  necessary to adapt such language to the tax so authorized. Such   provisions shall apply with the  same  force  and  effect  as  if  those   provisions  had  been  set  forth  in full in this section except to the   extent that any provision is either inconsistent  with  a  provision  of   this  section or not relevant to the tax authorized by this section. For   purposes of this section, any reference in this article to  the  tax  or   taxes  imposed by this article shall be deemed to refer to a tax imposed   pursuant to this section, and any reference to the phrase  "within  this   state"  shall  be read as "within Rensselaer county", unless a different   meaning is clearly required.3. Where the real property covered by the mortgage subject to the  tax   imposed  pursuant  to  the authority of this section is situated in this   state but within and without the county imposing such tax, the amount of   such tax due and payable to such county shall be determined in a  manner   similar  to  that  prescribed  in  the  opening paragraph of section two   hundred sixty of this article which concerns real property  situated  in   two  or  more counties. Where such property is situated both within such   county and without the state, the amount due and payable to such  county   shall  be determined in the manner prescribed in the second undesignated   paragraph of such section two  hundred  sixty  which  concerns  property   situated  within  and without the state. Where real property is situated   within and without the county imposing such tax, the  recording  officer   of  the  jurisdiction  in  which the mortgage is first recorded shall be   required to collect the taxes imposed pursuant to this section.4. A tax imposed pursuant to the authority of this section shall be in   addition to the taxes imposed by section two hundred fifty-three of this   article.5. Notwithstanding any provision of this article to the contrary,  the   balance  of  all  moneys  paid to the recording officer of the county of   Rensselaer during each month upon account of the tax imposed pursuant to   the authority of this section, after deducting the necessary expenses of   his office as provided in section two hundred sixty-two of this article,   except taxes paid upon mortgages which  under  the  provisions  of  this   section  or  section  two  hundred sixty of this article are first to be   apportioned by the commissioner, shall be paid over by such  officer  on   or  before the tenth day of each succeeding month to the commissioner of   finance  of  Rensselaer  county  and,  after  the  deduction   by   such   commissioner  of  finance of the necessary expenses of his or her office   provided in section two hundred  sixty-two  of  this  article  shall  be    deposited   in  the  general  fund  of  the  county  of  Rensselaer  for   expenditure on any county purpose. Notwithstanding the provisions of the   preceding sentence, the tax so imposed and paid upon mortgages  covering   real  property  situated  in  two  or  more  counties,  which  under the   provisions of this section or section two hundred sixty of this  article   are  first  to be apportioned by the commissioner, shall be paid over by   the  recording  officer  receiving  the  same   as   provided   by   the   determination of said commissioner.6.  Each  enactment of a local law may provide for the imposition of a   mortgage tax for a period of time no longer than three  years  from  the   date  of  its  enactment.  Nothing  in  this  section shall prohibit the   adoption and enactment of local laws, pursuant to the provisions of this   section, upon the expiration of any other local law adopted pursuant  to   this section.7.  Any  local  law  imposing  a tax pursuant to the authority of this   section or repealing or suspending such a tax shall take effect only  on   the  first  day  of  a  calendar  month.  Such  a local law shall not be   effective unless a certified copy thereof is  mailed  by  registered  or   certified  mail  to  the  commissioner  at  the commissioner's office in   Albany at least thirty days prior to the date the local law  shall  take   effect.8.  Certified  copies of any local law described in this section shall   also be filed with the county clerk of the  county  of  Rensselaer,  the   secretary  of state and the state comptroller within five days after the   date it is duly enacted.