NY Tax L § 261 (2021)
2021 New York Laws TAX - Tax Article 11 - Tax on Mortgages 261 - Payment Over and Distribution of Taxes.

§  261.  Payment over and distribution of taxes. 1. The balance of all   moneys paid to the recording officer of each county  during  each  month   upon account of the additional taxes imposed pursuant to subdivision two   of  section two hundred fifty-three of this article, 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 section two hundred sixty of this  article   are  first  to be apportioned by the commissioner, shall be paid over by   him or her on or before the  tenth  day  of  each  succeeding  month  as   follows:  (a) with respect to those counties comprising the metropolitan   commuter transportation  district,  as  defined  by  the  provisions  of   section  twelve  hundred sixty-two of the public authorities law, to the   metropolitan transportation authority to be  applied  in  any  authority   fiscal  year  beginning  on  or  after  January  first, nineteen hundred   eighty-seven  (i)  first,  to  meet  the  general,  administrative   and   operating  expenses  of  the authority net of reimbursements, recoveries   and adjustments, not including the expenses of any subsidiaries  thereof   which  operate  any  transportation  facility,  (ii)  second,  from  any   remaining revenues, fifty-five per centum of such revenues shall be paid   by the metropolitan transportation authority to the transit  account  of   the   metropolitan  transportation  authority  special  assistance  fund   established  by  section  twelve  hundred  seventy-a   of   the   public   authorities  law; and (iii) the remaining forty-five per centum shall be   paid by  the  metropolitan  transportation  authority  to  the  commuter   railroad  account  of  the metropolitan transportation authority special   assistance fund established by section twelve hundred seventy-a  of  the   public  authorities  law;  (b) with respect to those counties comprising   the  Niagara  Frontier  transportation  district,  as  defined  by   the   provisions  of  section  twelve  hundred  ninety-nine-b  of  the  public   authorities law, to the Niagara Frontier transportation  authority;  (c)   with respect to those counties comprising the Rochester-Genesee regional   transportation  district, as defined by the provisions of section twelve   hundred  ninety-nine-cc  of  the  public   authorities   law,   to   the   Rochester-Genesee Regional Transportation Authority; (d) with respect to   those  counties comprising the capital district transportation district,   as defined by the provisions of section  thirteen  hundred  two  of  the   public   authorities   law,   to  the  capital  district  transportation   authority; (e) with respect to those counties comprising the central New   York regional transportation district, as defined by the  provisions  of   section  thirteen hundred twenty-seven of the public authorities law, to   the central New York regional transportation authority; (f) with respect   to the county of Dutchess or the county  of  Orange  or  the  county  of   Rockland  if  any  such  county withdraws from the metropolitan commuter   transportation   district   pursuant   to   section    twelve    hundred   seventy-nine-b  of  the  public authorities law and does not suspend the   imposition of such additional tax,  to  the  county  treasurer  of  such   county  if  such  county provides that the moneys shall be used for mass   transportation purposes but, if any such county which so  withdraws  and   which  does  not  so  suspend  does  not  so provide, to the comptroller   pursuant to paragraph (p) of this subdivision; * (g) with respect to the   counties of Washington and Warren,  to  the  county  treasurer  of  such   county  to  be  used  to  pay  for any and all expenses incurred by such   counties for the support of community colleges pursuant to  article  one   hundred  twenty-six  of the education law; with respect to the county of   Essex, to the county treasurer of such county to be used to pay for  any   and  all  expenses  incurred  by such county for county office and court   facility projects and, after all such expenses are paid, for any and all    expenses incurred by such county  for  county  correctional  and  public   safety facility projects;* NB Effective until December 1, 2024* (g)  with  respect  to the counties of Washington and Warren, to the   county treasurer of such county to be  used  to  pay  for  any  and  all   expenses incurred by such counties for the support of community colleges   pursuant  to  article  one hundred twenty-six of the education law; with   respect to the county of Essex, to the county treasurer of  such  county   to  be  used to pay for any and all expenses incurred by such county for   county office and court facility projects;* NB Effective December 1, 2024   (h) with respect to the county of Franklin, to the county  treasurer  of   such  county to be used to pay for any and all expenses incurred by such   county for county office and county correctional facility projects;  (i)   with  respect  to the county of Clinton, to the county treasurer of such   county to be used to pay for any  and  all  expenses  incurred  by  such   county  for  county  office  and other county capital projects; (j) with   respect to the county of Chautauqua, to the  county  treasurer  of  such   county  to  be  used  to  pay  for any and all expenses incurred by such   county for county correctional facility and court facility projects, and   debt service thereon, including but not  limited  to,  related  heating,   ventilation, air-conditioning and parking infrastructure upgrades; (j-1)   with  respect to the county of Tompkins, to the county treasurer of such   county for mass transportation purposes; (k) with respect to the  county   of Allegany, to the county treasurer of such county for deposit into the   general  fund  of the county of Allegany; (l) with respect to the county   of Schuyler, to the county treasurer of such county to be  used  to  pay   for  any  and  all  expenses  incurred by such county for the support of   community colleges pursuant to article one  hundred  twenty-six  of  the   education law; (m) with respect to the county of Delaware, to the county   treasurer  of  such  county to be used to pay for the cost of the county   correctional facility and public safety building complex and the  county   composting  facility; * (n) with respect to the county of Fulton, to the   county treasurer of such county for deposit into the general fund of the   county of Fulton;* NB Repealed November 30, 2023   (o) with respect to the county of Steuben, to the  county  treasurer  of   such  county for deposit into the general fund of the county of Steuben;   (p)  with  respect  to  the  remaining  counties  of  the  state  except   Cattaraugus  county  which  have  not  suspended  the imposition of such   additional tax pursuant  to  subdivision  two  of  section  two  hundred   fifty-three of this article, to the comptroller to be paid by him or her   into  the  general fund in the state treasury to the credit of the state   purposes account; provided that  money  paid  to  the  comptroller  with   respect  to  any  such  remaining  county  in  which on the date of such   payment any mass transportation, airport or aviation, municipal historic   site, municipal park, community mental health and retardation  facility,   or   sewage  treatment  capital  project  is  being  carried  out  by  a   municipality with state aid, or  for  which  state  aid  will  be  paid,   pursuant  to  the  provisions  of  title  one  of  chapter seven hundred   seventeen of the laws of nineteen hundred sixty-seven, section 17.05  of   the  parks,  recreation  and historic preservation law, section 41.18 of   the  mental  hygiene  law,  or  section  17-1903  of  the  environmental   conservation  law, shall be applied by him or her to increase the amount   of aid for which the state is obligated in respect to  such  project  on   such  date,  provided  that  any  such  increase  in  state aid may not,   together with any federal funds paid or to be paid  on  account  of  the   cost of such project, exceed the total cost thereof, and where more than    one  such  capital project is being carried out on such date within such   county, the application of such  monies  by  the  comptroller  shall  be   pro-rated  among  such  municipalities  on  the  basis of the respective   amounts  of  state aid which are so obligated on such date; and (q) with   respect to the county of Cattaraugus, to the comptroller to be  paid  by   him  or her into the general fund in the state treasury to the credit of   the state purposes account for  the  construction  of  a  county  office   building  and  a  county  department of public works office building, or   debt service thereon being carried out by the county of  Cattaraugus  up   to  but not exceeding the total cost for such county office building and   county department of public works building, or debt service thereon less   the amount of any state aid or federal funds  paid  or  to  be  paid  on   account  of  such  project  or debt service thereon. Notwithstanding the   provisions of the preceding sentence, additional taxes  so  imposed  and   paid  upon  mortgages  covering  real  property  situated in two or more   counties, which under the provisions of 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.If and to the extent that either metropolitan transportation authority   or  Niagara  Frontier  transportation  authority  or   Rochester-Genesee   regional  transportation  authority  or  capital district transportation   authority or central New York regional  transportation  authority  shall   certify  that the proceeds of such additional tax received by it for any   calendar year subsequent to nineteen hundred sixty-nine are in excess of   its needs, present  and  projected,  and  of  those  of  its  subsidiary   corporations, such excess shall be paid over at the end of such calendar   year  to  the  comptroller  for  payment or application by him or her in   accordance with the provisions of paragraph (p) of the opening paragraph   of this subdivision. For the  purposes  of  such  application  any  such   excess shall be allocated among the counties comprising a transportation   district in the same proportion that their respective recording officers   paid  over  additional  taxes hereunder during the whole of the calendar   year which is  the  subject  of  the  certification.  For  the  counties   comprising  the  city of New York, any such application shall be for the   benefit of such city.2. The balance of all moneys paid to the  recording  officer  of  each   county  during  each  month upon account of the special additional taxes   imposed pursuant to subdivision one-a of section two hundred fifty-three   of this chapter, after deducting the necessary expenses of his office as   provided in section  two  hundred  sixty-two,  except  taxes  paid  upon   mortgages  which  under  the provisions of section two hundred sixty are   first to be apportioned by the tax commission, shall be paid over by him   on or before the tenth day of each succeeding month to the state of  New   York  mortgage  agency  created  pursuant  to title seventeen of article   eight of the public authorities law for deposit to  the  credit  of  the   mortgage  insurance  fund created pursuant to such title, and (i) except   that with respect to mortgages recorded on and after May first, nineteen   hundred eighty-seven, the balance of all moneys  paid  upon  account  of   such  special  additional  taxes  during  each  month  to  the recording   officers  of  the  counties   comprising   the   metropolitan   commuter   transportation  district, as defined by section twelve hundred sixty-two   of the public  authorities  law,  on  mortgages  of  any  real  property   principally  improved  or  to  be improved by a structure containing six   residential dwelling units or less  with  separate  cooking  facilities,   after  the  deduction  of such expenses, shall be paid over by him on or   before the tenth day  of  each  succeeding  month  to  the  metropolitan   transportation  authority  for  deposit  in the corporate transportation    account of  the  metropolitan  transportation  special  assistance  fund   established   by   section   twelve  hundred  seventy-a  of  the  public   authorities law, and (ii) except that with respect to mortgages recorded   on  and  after  May first, nineteen hundred eighty-seven, the balance of   all moneys paid upon account of such  special  additional  taxes  during   each  month to the recording officers of the county of Erie on mortgages   of any real property  principally  improved  or  to  be  improved  by  a   structure  containing  six  residential  dwelling  units  or  less  with   separate cooking facilities, after the deduction of such expenses, shall   be paid over by him on or before the tenth day of each succeeding  month   to  the  Niagara  Frontier transportation authority. Notwithstanding the   provisions of the preceding sentence, the special  additional  taxes  so   imposed  and  paid upon mortgages covering real property situated in two   or more counties, which under the  provisions  of  section  two  hundred   sixty  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.3.  On  or before the tenth day of each month the recording officer of   each county shall pay over to the county treasurer of said  county,  and   in  the  counties  of New York, Kings, Queens, Richmond and Bronx to the   commissioner of finance of the city  of  New  York  for  credit  to  the   general fund of such city, the balance of the moneys received during the   preceding  month  upon  account  of  taxes  paid to him or her as herein   prescribed, 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  section  two   hundred  sixty  of  this  article  are  first  to  be apportioned by the   commissioner,  which  taxes  and  money  shall  be  paid  over  by   the   commissioner  of  finance  of  the  city  of New York as provided by the   determination of the commissioner. In each county not within the city of   New York, the whole of  the  net  amount  of  such  balance,  after  the   deduction  by  the  county treasurer of the necessary expenses of his or   her office provided in section two hundred sixty-two  of  this  article,   shall  be held by him or her and shall be allocated to the tax districts   of the county according to the location of the real property covered  by   the respective mortgages upon which the tax was collected. The recording   officer and county treasurer shall prepare a joint semi-annual report on   or before May fifteenth and on or before November fifteenth in each year   showing the amounts to be credited to each tax district of the county of   the  moneys collected under this article during the preceding periods of   six months each which  ended  respectively  on  March  thirty-first  and   September   thirtieth.  Such  report  shall  be  made  in  duplicate  in   accordance with the rules and regulations of the commissioner and  filed   with  the  clerk  of  the board of supervisors and the commissioner. The   board of supervisors, on or before the fifteenth day of June and  on  or   before  the  fifteenth  day  of  December  in each year, shall issue its   warrant for the payment to the respective tax districts of  the  amounts   so  credited,  provided,  however,  that  in  a  county  in which a town   contains within its limits an incorporated village, or portion  thereof,   the  board of supervisors shall apportion to such village so much of the   share credited to the town as the assessed  value  of  said  village  or   portion thereof bears to twice the total assessed valuation of the town,   and provided, further, that, at the option of the governing board of the   county,  the county may instead prepare and file such a joint report and   make such payments on a monthly or quarterly  basis.  Where  the  county   elects  to  make  monthly  payments,  the  recording  officer and county   treasurer shall prepare a joint report on or before the fifteenth day of   each month showing the amounts to be credited to each  tax  district  of    the  county  and  the  moneys collected under this article for the month   preceding  the  most  recently  concluded  month,  and  the   board   of   supervisors  shall  issue  its  warrant  for  payment  on  or before the   fifteenth  day  of  the following month. Where the county elects to make   quarterly payments, the recording officer  and  county  treasurer  shall   prepare  such  a  joint  report  on  or before the fifteenth day of May,   August, November, and February, showing the amounts to  be  credited  to   each  tax  district of the county of moneys collected under this article   for the preceding three-month period  ending  March  thirty-first,  June   thirtieth,  September thirtieth, and December thirty-first, respectively   and the board of supervisors shall issue its warrant for payment  on  or   before  the  fifteenth  day  of  June,  September,  December, and March,   respectively. The warrant shall direct payment to the city treasurer  of   the  amount  due  the city, to the town supervisor of the amount due the   town, and to the village treasurer of the amount to  which  the  village   shall  be  entitled.  Mortgage  tax moneys allotted to cities, towns and   villages shall be  applied  to  the  payment  of  the  general  expenses   thereof.  The  commissioner shall prescribe the method of adjustment and   correction of errors heretofore or hereafter made in the distribution of   moneys collected under this article. Provided, however that in the  town   of  Ossining,  county  of  Westchester, monies due to the unincorporated   portion of the town shall be placed  in  the  unincorporated  town  fund   instead of into the general fund of such town.