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

§ 253-r.  Recording  tax  imposed  by  the  county  of Schenectady. 1.   Schenectady 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 subdivision 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 Schenectady 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   Schenectady during each month upon account of the tax  imposed  pursuant   to the authority of this section, after deducting the necessary expenses   of  his  or  her  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   Schenectady county treasurer and, after the deduction by the Schenectady   county treasurer 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 Schenectady 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 sections   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  Schenectady,  the   secretary  of state and the state comptroller within five days after the   date it is duly enacted.