NY Real Prop Tax L § 980-A (2021)
2021 New York Laws RPT - Real Property Tax Article 9 - Levy and Collection of Taxes Title 5 - Provisions of General Application; Miscellaneous 980-A - Tax Credits for Contributions to Certain Funds.

§  980-a.  Tax  credits  for  contributions to certain funds. 1. (a) A municipal  corporation  that  has  established  a   fund   pursuant   to subdivision  forty-four of section sixteen hundred four of the education law, subdivision twelve-b of  section  seventeen  hundred  nine  of  the education  law,  subdivision  fifty-four  of section twenty-five hundred ninety-h of the education law, or section six-t or six-u of the  general municipal  law,  may  adopt  a  local  law,  or  in the case of a school district, a resolution, authorizing a tax credit to be provided pursuant to this section for contributions to such fund.  For  purposes  of  this section,  a  municipal  corporation that has established such a fund and authorized such a credit shall  be  referred  to  as  a  "participating" municipal corporation.  (b)  On  and  after  a  date  specified in the local law or resolution adopted by a participating municipal corporation pursuant  to  paragraph (a)  of  this subdivision, the owner or owners of real property shall be allowed a credit against the real  property  taxes  of  a  participating municipal  corporation  that  have  been imposed upon such property. The amount of such credit shall equal ninety-five percent,  or  such  lesser allowable  percentage  credit  as  may have been established pursuant to paragraph (c) of this subdivision, of the amount contributed by  one  or more  of the owners of such property during the "associated credit year" as defined in this section, to any or all of the  funds  established  by such municipal corporation, subject to the limit established pursuant to paragraph (c) of this subdivision, if any.  (c) The participating municipal corporation may establish a limit upon the  amount  or  percentage  of  such  credit to be allowed in any given fiscal year, in which case the amount of such credit  shall  not  exceed any  limit so established. Any such limit shall be adopted by local law, or in the case of a school district, by resolution, which local  law  or resolution  may  either be the same as or separate from the local law or resolution that initially authorized the credit. Once such a  limit  has been  adopted, it may be amended or repealed thereafter by local law, or in the case of a school district, by resolution, provided that any  such amendment  or  repeal  shall  only  apply  to taxes of the participating municipal corporation for fiscal years commencing after the adoption  of such  local  law  or  resolution.  A copy of any local law or resolution establishing, amending or repealing such a limit shall  be  provided  to the  collecting  officer  who  collects  the  taxes of the participating municipal corporation.   2. For purposes of this section, the "associated credit year" shall be the twelve-month period during which the owner of the property has  made a contribution described in subdivision one of this section that ends on the  last  day prescribed by law on which the taxes of the participating municipal corporation may be paid without interest or penalties, subject to the following:  (a) Where such taxes are payable in  installments,  such  twelve-month period  shall  end  on the last day prescribed by law on which the first installment of such taxes may be paid without interest or penalties.  (b) Where a participating  municipal  corporation  is  a  city  school district that is subject to article fifty-two of the education law, such twelve-month period shall end on the last day prescribed by law on which city  taxes may be paid without interest or penalties, or if applicable, on the last day prescribed by law on which the first installment of such taxes may be paid without interest or penalties.  (c) Each such twelve-month period shall be determined  without  regard to  the  possibility  that  the period prescribed by law for paying such taxes without interest or penalties may be extended due to  a  delay  in the  first publication of the collecting officer's notice as provided by  sections thirteen hundred twenty-two or thirteen hundred twenty-four  of this chapter or a comparable law, or due to an executive order issued in connection  with  a  state disaster emergency as provided by subdivision two of section nine hundred twenty-five-a of this chapter.   3.  The  credit  authorized  by  this section shall be administered as follows:  (a) The administrator of the fund or its designated agent shall,  upon receiving  a  contribution  to  the fund specified in subdivision one of this section during a credit year, furnish the property  owner  with  an acknowledgement  in duplicate. Such acknowledgement shall be provided on a form prescribed by the commissioner and shall specify  the  amount  of the  contribution,  the  name  and  address  of  the donor, the date the contribution was received, the authorized signature of the administrator or agent, and such other information as the commissioner shall require.  (b) After receiving such an acknowledgement, the  property  owner  may present  it  to the appropriate collecting officer on or before the last day prescribed by law on which taxes may be  paid  without  interest  or penalty,  together  with  a  credit  claim  on  a form prescribed by the commissioner. Such credit claim form  shall  contain  the  name  of  the property  owner or owners, the date and amount of the contributions made to the account during the associated credit year,  the  address  of  the property  to  which the credit claim relates, and such other information as the commissioner shall require. Notwithstanding any provision of  law to  the  contrary,  the collecting officer shall thereupon be authorized and directed  to  grant  the  property  owner  a  tax  credit  equal  to ninety-five  percent,  or such lesser allowable percentage credit as may have been established pursuant to paragraph (c) of  subdivision  one  of this  section,  of  the  amount  of  the  contributions  made during the associated credit year as  specified  on  the  acknowledgement,  and  to reduce  the  tax liability on the parcel accordingly, provided that such credit may not exceed any percentage credit or other  limit  established by  the participating municipal corporation pursuant to paragraph (c) of subdivision one of this section, if such a limit has  been  established, and  may not exceed the property taxes due or paid that are attributable to the participating municipal corporation. Where taxes are  payable  in installments, if the credit exceeds the amount of the first installment, the  excess shall be applied to future installments until exhausted. The participating municipal corporation may adopt a local  law,  or  in  the case of a school district, a resolution, providing that where a property owner submits a credit claim form to the collecting officer prior to the collecting  officer's  receipt of the tax warrant, or such other date as may be specified  in  such  local  law  or  resolution,  the  associated property  tax  bill shall reflect a reduction in the tax liability equal to the credit authorized by this section; provided however that  if  the collecting  officer  is  not  employed  by  the  participating municipal corporation, such local law or resolution shall not take  effect  unless and  until  the governing body of the municipal corporation that employs the collecting officer has adopted a resolution  agreeing  thereto.  The department  of  financial services, in consultation with the department, shall promulgate regulations  related  to  the  adjustment  of  mortgage escrow  accounts  to  reflect  the  credits  provided  pursuant  to this section.  (c) If the property owner fails  to  present  the  acknowledgment  and credit  claim  form  to the collecting officer on or before the last day prescribed by law on  which  taxes  may  be  paid  without  interest  or penalty,  he  or she may present the same to the chief fiscal officer or chief financial officer of the participating municipal  corporation,  or to  a  member  of  his  or  her  staff.  Such officer shall thereupon be  authorized and directed to grant the property owner a refund of property taxes in the amount of the  credit,  which  amount  shall  be  equal  to ninety-five  percent,  or such lesser allowable percentage credit as may have  been  established  pursuant to paragraph (c) of subdivision one of this section, of the total  contributions  made  during  the  associated credit  year,  provided  that  such refund shall not exceed the property taxes that have been paid on the property or any  percentage  credit  or other  limit established pursuant to paragraph (c) of subdivision one of this section, if any, and may not exceed the property taxes due or  paid that  are  attributable  to  the  participating  municipal  corporation. Provided further, that no interest shall be payable on  such  refund  if paid  within  forty-five  days  of the receipt of the acknowledgment and credit claim form. The owner of the property may file such refund  claim with  the  authorized  officer  at any time during the three year period beginning immediately after the last day such taxes were payable without interest or penalty.   4. The amount of the itemized deduction  that  may  be  claimed  by  a taxpayer  under  section six hundred fifteen of the tax law with respect to the taxes paid on such property may not  exceed  the  amount  of  the taxes  of  a  participating municipal corporation that have been imposed upon such property minus the amount of the credit provided  pursuant  to this section.