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

* §  253-u.  Recording  tax  imposed  by  the  county  of Herkimer. 1.   Herkimer 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 Herkimer 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  undesignated 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   Herkimer 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   Herkimer 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   Herkimer   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. 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.7. Certified copies of any local law described in this  section  shall   also  be  filed  with  the  county  clerk of the county of Herkimer, the   secretary of state and the state comptroller within five days after  the   date it is duly enacted.* NB Repealed December 1, 2023