2023 New York Laws › TAX - Tax › Article 11 - Tax on Mortgages › 253-R - Recording Tax Imposed by the County of Schenectady.

§ 253-r.  Recording  tax  imposed  by  the  county  of Schenectady. 1.
  Schenectady 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 subdivision 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 Schenectady 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  opening 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
  Schenectady 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
  Schenectady county treasurer and, after the deduction by the Schenectady
  county 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 Schenectady 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 sections
  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.  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  Schenectady,  the
  secretary  of state and the state comptroller within five days after the
  date it is duly enacted.