[Adopted 8-1-2006 by L.L. No. 11-2006[1]]
[1]
Editor's Note: This local law also repealed
former Art. XIV, Recording Tax on Obligations Secured by Mortgages
on Real Property, adopted 8-27-2003 by L.L. No. 10-2003.
This article is adopted pursuant to New York
State Tax Law § 253-f.
This article hereby repeals Local Law Number
10 of 2003, which imposed a County recording tax on obligations secured
by a mortgage on real property. The repeal of Local Law 10 of 2003
is not retroactive. The purpose of the repeal is to make clear that
the 2006 local law supersedes the repealed law and that there is noninterrupted
and continuing imposition of the mortgage recording tax. A further
purpose of the repeal and reenactment of the local law imposing the
mortgage recording tax is so that the effective date and enactment
date of the law are the same.
[Amended 4-7-2009 by L.L. No. 2-2009; 2-21-2012 by L.L. No. 2-2012; 12-15-2014 by L.L. No. 5-2014; 12-19-2017 by L.L. No. 5-2017; 9-1-2020 by L.L. No. 5-2020; 4-4-2023 by L.L. No. 4-2023]
For the period commencing February 1, 2024,
and ending January 31, 2027, there is hereby imposed in Rockland County
a tax of $0.25 for each $100 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
$0.25 on such mortgage if the principal debt or obligation which is
or by any contingency may be secured by such mortgage is less than
$100.
The taxes imposed pursuant to this article shall
be administered and collected in the same manner as the taxes imposed
under Subdivision One of § 253 and Paragraph (b) of Subdivision
1 of § 255 of the Tax Law. Except as otherwise provided
in this article, all the provisions of the Tax Law 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 article 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 article, except to the extent that any provision
is either inconsistent with a provision of this article or not relevant
to the tax authorized by this article. For purposes of this article,
any reference in the Tax Law to the tax or taxes imposed by the Tax
Law shall be deemed to refer to a tax imposed pursuant to this article,
and any reference to the phrase "within this state" shall be read
as "within Rockland County," unless a different meaning is clearly
required.
Where the real property covered by the mortgage
subject to the tax imposed pursuant to the authority of this article
is situated in this state but within and without Rockland County,
the amount of such tax due and payable to Rockland County shall be
determined in a manner similar to that prescribed in the first paragraph
of § 260 of the Tax Law, which concerns real property situated
in two or more counties. Where such property is situated both within
Rockland County and without the state, the amount due and payable
in Rockland County shall be determined in the manner prescribed in
the second paragraph of such § 260, which concerns property
situated within and without the state. Where real property is situated
within and without Rockland County, the recording officer of the jurisdiction
in which the mortgage is first recorded shall be required to collect
the taxes imposed pursuant to this article.
A tax imposed pursuant to this article shall
be in addition to the taxes imposed by § 253 of the Tax
Law.
Notwithstanding any provision of Article 11
of the Tax Law to the contrary, the balance of all monies paid to
the recording officer of the County of Rockland during each month
upon account of the tax imposed pursuant to this article, after deducting
the necessary expenses of his office as provided in § 262
of the Tax Law, except taxes paid upon mortgages which under the provisions
of this article or § 260 of the Tax Law are first to be
apportioned by the New York State Commissioner of Taxation and Finance,
shall be paid over by such officer on or before the 10th day of each
succeeding month to the Commissioner of Finance of Rockland County
and, after the deduction by such Commissioner of Finance of the necessary
expenses of his or her office provided in § 262 of the Tax
Law, shall be deposited in the general fund of the County of Rockland
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 article or § 260 of the Tax Law are
first to be apportioned by the Commissioner of Taxation and Finance,
shall be paid over by the recording officer receiving the same as
provided by the determination of said Commissioner of Taxation and
Finance.
The tax imposed pursuant to this article shall
be payable on the recording of each mortgage of real property subject
to taxes thereunder. Such tax shall be paid to the recording officer
of the County in which the real property or any part thereof is situated.
Where such real property is situated within and without the County
imposing this tax, the recording officer of the County in which the
mortgage is first recorded shall collect the tax imposed herein. It
shall be the duty of such recording officer to endorse upon each mortgage
a receipt for the amount of the tax so paid. Any mortgage so endorsed
may thereupon or thereafter be recorded by any recording officer and
the receipt for such tax endorsed upon each mortgage shall be recorded
therewith. The record of such receipt shall be conclusive proof that
the amount of tax stated therein has been paid upon such mortgage.
A.
This article shall take effect only on the first day
of a calendar month, provided a certified copy thereof is mailed by
registered or certified mail to the New York State Commissioner of
Taxation and Finance at the Commissioner's office in Albany at least
30 days prior to the date the article shall take effect. Certified
copies of this article shall also be filed with the County Clerk,
the Secretary of State and the State Comptroller within five days
after the article is duly enacted.
B.
This article shall take effect February 1, 2024. A
certified copy of this article shall be mailed by certified mail to
the Commissioner of Taxation and Finance at the Commissioner's Office
in Albany. Certified copies of this article shall be filed with the
Rockland County Clerk, the Secretary of State and the State Comptroller
within five days after this article is enacted.
[Amended 4-7-2009 by L.L. No. 2-2009; 2-21-2012 by L.L. No. 2-2012; 12-15-2014 by L.L. No. 5-2014; 12-19-2017 by L.L. No. 5-2017; 9-1-2020 by L.L. No. 5-2020; 4-4-2023 by L.L. No. 4-2023]
