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

§  253-o.  Recording  tax  imposed  by  the  county  of Chautauqua. 1.   Chautauqua 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 Chautauqua 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 first 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 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   Chautauqua 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 treasurer  of   Chautauqua  county  and,  after  the  deduction by such 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  Chautauqua  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 the 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 Chautauqua, the   secretary of state and the state comptroller within five days after  the   date it is duly enacted.