2023 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, 2025