2023 New York Laws › RPT - Real Property Tax › Article 9 - Levy and Collection of Taxes › Title 5 - Provisions of General Application; Miscellaneous › 980-A - Tax Credits for Contributions to Certain Funds.

§  980-a.  Tax  credits  for  contributions to certain funds. 1. (a) A
municipal  corporation  that  has  established  a   fund   pursuant   to
subdivision  forty-four of section sixteen hundred four of the education
law, subdivision twelve-b of  section  seventeen  hundred  nine  of  the
education  law,  subdivision  fifty-four  of section twenty-five hundred
ninety-h of the education law, or section six-t or six-u of the  general
municipal  law,  may  adopt  a  local  law,  or  in the case of a school
district, a resolution, authorizing a tax credit to be provided pursuant
to this section for contributions to such fund.  For  purposes  of  this
section,  a  municipal  corporation that has established such a fund and
authorized such a credit shall  be  referred  to  as  a  "participating"
municipal corporation.
(b)  On  and  after  a  date  specified in the local law or resolution
adopted by a participating municipal corporation pursuant  to  paragraph
(a)  of  this subdivision, the owner or owners of real property shall be
allowed a credit against the real  property  taxes  of  a  participating
municipal  corporation  that  have  been imposed upon such property. The
amount of such credit shall equal ninety-five percent,  or  such  lesser
allowable  percentage  credit  as  may have been established pursuant to
paragraph (c) of this subdivision, of the amount contributed by  one  or
more  of the owners of such property during the "associated credit year"
as defined in this section, to any or all of the  funds  established  by
such municipal corporation, subject to the limit established pursuant to
paragraph (c) of this subdivision, if any.
(c) The participating municipal corporation may establish a limit upon
the  amount  or  percentage  of  such  credit to be allowed in any given
fiscal year, in which case the amount of such credit  shall  not  exceed
any  limit so established. Any such limit shall be adopted by local law,
or in the case of a school district, by resolution, which local  law  or
resolution  may  either be the same as or separate from the local law or
resolution that initially authorized the credit. Once such a  limit  has
been  adopted, it may be amended or repealed thereafter by local law, or
in the case of a school district, by resolution, provided that any  such
amendment  or  repeal  shall  only  apply  to taxes of the participating
municipal corporation for fiscal years commencing after the adoption  of
such  local  law  or  resolution.  A copy of any local law or resolution
establishing, amending or repealing such a limit shall  be  provided  to
the  collecting  officer  who  collects  the  taxes of the participating
municipal corporation.
2. For purposes of this section, the "associated credit year" shall be
the twelve-month period during which the owner of the property has  made
a contribution described in subdivision one of this section that ends on
the  last  day prescribed by law on which the taxes of the participating
municipal corporation may be paid without interest or penalties, subject
to the following:
(a) Where such taxes are payable in  installments,  such  twelve-month
period  shall  end  on the last day prescribed by law on which the first
installment of such taxes may be paid without interest or penalties.
(b) Where a participating  municipal  corporation  is  a  city  school
district that is subject to article fifty-two of the education law, such
twelve-month period shall end on the last day prescribed by law on which
city  taxes may be paid without interest or penalties, or if applicable,
on the last day prescribed by law on which the first installment of such
taxes may be paid without interest or penalties.
(c) Each such twelve-month period shall be determined  without  regard
to  the  possibility  that  the period prescribed by law for paying such
taxes without interest or penalties may be extended due to  a  delay  in
the  first publication of the collecting officer's notice as provided by

sections thirteen hundred twenty-two or thirteen hundred twenty-four  of
this chapter or a comparable law, or due to an executive order issued in
connection  with  a  state disaster emergency as provided by subdivision
two of section nine hundred twenty-five-a of this chapter.
3.  The  credit  authorized  by  this section shall be administered as
follows:
(a) The administrator of the fund or its designated agent shall,  upon
receiving  a  contribution  to  the fund specified in subdivision one of
this section during a credit year, furnish the property  owner  with  an
acknowledgement  in duplicate. Such acknowledgement shall be provided on
a form prescribed by the commissioner and shall specify  the  amount  of
the  contribution,  the  name  and  address  of  the donor, the date the
contribution was received, the authorized signature of the administrator
or agent, and such other information as the commissioner shall require.
(b) After receiving such an acknowledgement, the  property  owner  may
present  it  to the appropriate collecting officer on or before the last
day prescribed by law on which taxes may be  paid  without  interest  or
penalty,  together  with  a  credit  claim  on  a form prescribed by the
commissioner. Such credit claim form  shall  contain  the  name  of  the
property  owner or owners, the date and amount of the contributions made
to the account during the associated credit year,  the  address  of  the
property  to  which the credit claim relates, and such other information
as the commissioner shall require. Notwithstanding any provision of  law
to  the  contrary,  the collecting officer shall thereupon be authorized
and directed  to  grant  the  property  owner  a  tax  credit  equal  to
ninety-five  percent,  or such lesser allowable percentage credit as may
have been established pursuant to paragraph (c) of  subdivision  one  of
this  section,  of  the  amount  of  the  contributions  made during the
associated credit year as  specified  on  the  acknowledgement,  and  to
reduce  the  tax liability on the parcel accordingly, provided that such
credit may not exceed any percentage credit or other  limit  established
by  the participating municipal corporation pursuant to paragraph (c) of
subdivision one of this section, if such a limit has  been  established,
and  may not exceed the property taxes due or paid that are attributable
to the participating municipal corporation. Where taxes are  payable  in
installments, if the credit exceeds the amount of the first installment,
the  excess shall be applied to future installments until exhausted. The
participating municipal corporation may adopt a local  law,  or  in  the
case of a school district, a resolution, providing that where a property
owner submits a credit claim form to the collecting officer prior to the
collecting  officer's  receipt of the tax warrant, or such other date as
may be specified  in  such  local  law  or  resolution,  the  associated
property  tax  bill shall reflect a reduction in the tax liability equal
to the credit authorized by this section; provided however that  if  the
collecting  officer  is  not  employed  by  the  participating municipal
corporation, such local law or resolution shall not take  effect  unless
and  until  the governing body of the municipal corporation that employs
the collecting officer has adopted a resolution  agreeing  thereto.  The
department  of  financial services, in consultation with the department,
shall promulgate regulations  related  to  the  adjustment  of  mortgage
escrow  accounts  to  reflect  the  credits  provided  pursuant  to this
section.
(c) If the property owner fails  to  present  the  acknowledgment  and
credit  claim  form  to the collecting officer on or before the last day
prescribed by law on  which  taxes  may  be  paid  without  interest  or
penalty,  he  or she may present the same to the chief fiscal officer or
chief financial officer of the participating municipal  corporation,  or
to  a  member  of  his  or  her  staff.  Such officer shall thereupon be

authorized and directed to grant the property owner a refund of property
taxes in the amount of the  credit,  which  amount  shall  be  equal  to
ninety-five  percent,  or such lesser allowable percentage credit as may
have  been  established  pursuant to paragraph (c) of subdivision one of
this section, of the total  contributions  made  during  the  associated
credit  year,  provided  that  such refund shall not exceed the property
taxes that have been paid on the property or any  percentage  credit  or
other  limit established pursuant to paragraph (c) of subdivision one of
this section, if any, and may not exceed the property taxes due or  paid
that  are  attributable  to  the  participating  municipal  corporation.
Provided further, that no interest shall be payable on  such  refund  if
paid  within  forty-five  days  of the receipt of the acknowledgment and
credit claim form. The owner of the property may file such refund  claim
with  the  authorized  officer  at any time during the three year period
beginning immediately after the last day such taxes were payable without
interest or penalty.
4. The amount of the itemized deduction  that  may  be  claimed  by  a
taxpayer  under  section six hundred fifteen of the tax law with respect
to the taxes paid on such property may not  exceed  the  amount  of  the
taxes  of  a  participating municipal corporation that have been imposed
upon such property minus the amount of the credit provided  pursuant  to
this section.