NY Vill L § 5-530 (2021)
2021 New York Laws VIL - Village Article 5 - Finances 5-530 - Villages Authorized to Impose Taxes on Utilities.

§  5-530  Villages  authorized  to  impose  taxes  on  utilities.   1.   Notwithstanding any other provisions of law to the contrary, any village   is hereby authorized  and  empowered  to  adopt  and  amend  local  laws   imposing  in  any  such village a tax such as was imposed by section one   hundred eighty-six-a of  the  tax  law,  in  effect  on  January  first,   nineteen  hundred  fifty-nine,  except  that  the rate thereof shall not   exceed one per centum of gross income or of gross operating  income,  as   the  case  may  be, and may make provision for the collection thereof by   the chief fiscal  officer  of  such  village;  provided,  however,  that   nothing herein contained shall be construed so as to prevent any village   from  adopting  local  laws exempting from such tax omnibus corporations   subject to the supervision of the state  department  of  public  service   under  article three-a of the public service law. A tax imposed pursuant   to this section shall  have  application  only  within  the  territorial   limits  of  any  such  village,  and shall be in addition to any and all   other taxes. This section shall not authorize the imposition of a tax on   any transaction originating or consummated outside  of  the  territorial   limits of any such village, notwithstanding that some act be necessarily   performed with respect to such transaction within such limits.2.  Revenues resulting from the imposition of taxes authorized by this   section heretofore or hereafter imposed shall be paid to  the  treasurer   of the village imposing the same, and shall be credited to and deposited   in the general fund of such village.3.  All  of  the provisions of section one hundred eighty-six-a of the   tax law, so far as the same are or can be  made  applicable,  with  such   limitations  as are set forth in this section, and such modifications as   may be necessary in order to adapt such taxes to local conditions  shall   apply to the taxes authorized by this section.4.  Notwithstanding any other provisions of this section or of section   one hundred eighty-six-a of the tax law, the words "gross income"  shall   include:a.  In the case of a utility engaged in selling telephony or telephone   service, only receipts from local exchange  service  wholly  consummated   within the village; andb. In the case of a utility engaged in selling telegraphy or telegraph   service,  only  receipts from transactions wholly consummated within the   village.5. Any final determination of the amount of any tax payable  hereunder   shall be reviewable for error, illegality, or unconstitutionality or any   other  reason  whatsoever by a proceeding under article seventy-eight of   the civil practice law and rules if the proceeding is  commenced  within   ninety  days after the giving of the notice of such final determination;   provided,  however,  that  any  such  proceeding  under   said   article   seventy-eight  shall  not  be  instituted  unless  the amount of any tax   sought to be reviewed, with such interest and penalties thereon  as  may   be  provided  for  by local law, ordinance or resolution, shall be first   deposited and an  undertaking  filed,  in  such  amount  and  with  such   sureties  as  a justice of the supreme court shall approve to the effect   that if such proceeding be dismissed or the tax confirmed the petitioner   will pay all costs and charges which may accrue in  the  prosecution  of   such proceeding.6.  Where  any  tax  imposed  hereunder  shall  have been erroneously,   illegally or unconstitutionally collected and application for the refund   thereof duly made to the proper fiscal officer  or  officers,  and  such   officer or officers shall have made a determination denying such refund,   such  determination  shall  be  reviewable by a proceeding under article   seventy-eight of the civil practice law and  rules,  provided,  however,   that such proceeding is commenced within ninety days after the giving of    the notice of such denial, that a final determination of tax due was not   previously made, and that an undertaking is filed with the proper fiscal   officer  or  officers in such amount and with such sureties as a justice   of the supreme court shall approve to the effect that if such proceeding   be dismissed or the tax confirmed, the petitioner will pay all costs and   charges which may accrue in the prosecution of such proceeding.7.  Except  in the case of a willfully false or fraudulent return with   intent to evade the tax, no assessment of additional tax shall  be  made   with  respect  to taxes imposed under this section, after the expiration   of more than three years from the  date  of  the  filing  of  a  return,   provided,  that  where no return has been filed as provided by local law   the tax may be assessed at any time.