[Adopted 7-27-2022 by L.L. No. 5-2022]
As used in this chapter, the following words and terms shall
have the meanings indicated:
The person who obtains real property or an interest therein
as a result of a conveyance.
The Commissioner of Finance of the County of Ulster, or such
successor as by law may be authorized to serve as Commissioner of
Finance of the County of Ulster.
The price actually paid or required to be paid for the real
property or interest therein, including payment for an option or contract
to purchase real property, whether or not expressed in the deed and
whether paid or required to be paid by money, property, or any other
thing of value. It shall also include the cancellation or discharge
of an indebtedness or obligation. It shall also include the amount
of any mortgage, purchase money mortgage, lien, or other encumbrance,
whether or not the underlying indebtedness is assumed or taken subject
to.
In the case of the creation of a leasehold interest or the granting
of an option with use and occupancy of real property, consideration
shall include, but not be limited to, the value of the rental and
other payments attributable to the use and occupancy of the real property
or interest therein, the value of any amount paid for an option to
purchase or renew, and the value of rental or other payments attributable
to the exercise of any option to renew.
In the case of the creation of a subleasehold interest, consideration
shall include, but not be limited to, the value of the sublease rental
payments attributable to the use and occupancy of the real property,
the value of any amount paid for an option to renew, and the value
of rental or other payments attributable to the exercise of any option
to renew, less the value of the remaining prime lease rental payments
required to be made.
In the case of a controlling interest in any entity that owns
real property, consideration shall mean the fair market value of the
real property or interest therein, apportioned based on the percentage
of the ownership interest transferred or acquired in the entity.
In the case of an assignment or surrender of a leasehold interest
or the assignment or surrender of an option or contract to purchase
real property, consideration shall not include the value of the remaining
rental payments required to be made pursuant to the terms of such
lease or the amount to be paid for the real property pursuant to the
terms of the option or contract being assigned or surrendered.
In the case of i) the original conveyance of shares of stock
in a cooperative housing corporation in connection with the grant
or transfer of a proprietary leasehold by the cooperative corporation
or cooperative plan sponsor and ii) the subsequent conveyance by the
owner thereof of such stock in a cooperative housing corporation in
connection with the grant or transfer of a proprietary leasehold for
a cooperative unit other than an individual residential unit, consideration
shall include a proportionate share of the unpaid principal of any
mortgage on the real property of the cooperative housing corporation
comprising the cooperative dwelling or dwellings. Such share shall
be determined by multiplying the total unpaid principal of the mortgage
by a fraction, the numerator of which shall be the number of shares
of stock being conveyed in the cooperative housing corporation in
connection with the grant or transfer of a proprietary leasehold and
the denominator of which shall be the total number of shares of stock
in the cooperative housing corporation.
i) In the case of a corporation, either 50% or more of the
total combined voting power of all classes of stock of such corporation,
or 50% or more of the capital, profits, or beneficial interest in
such voting stock of such corporation, and ii) in the case of a partnership,
association, trust, or other entity, 50% or more of the capital, profits,
or beneficial interest in such partnership, association, trust or
other entity.
The transfer or transfers of any interest in real property
by any method including but not limited to sale, exchange, assignment,
surrender, mortgage foreclosure, transfer in lieu of foreclosure,
option, trust indenture, taking by eminent domain, conveyance upon
liquidation or by a receiver, or transfer or acquisition of a controlling
interest in any entity with an interest in real property. Transfer
of an interest in real property shall include the creation of a leasehold
or sublease only where i) the sum of the term of the lease or sublease
and any options for renewal exceeds 49 years, ii) substantial capital
improvements are or may be made by or for the benefit of the lessee
or sublessee, and iii) the lease or sublease is for substantially
all of the premises constituting the real property. Notwithstanding
the foregoing, conveyance of real property shall not include conveyance
pursuant to devise, bequest, or inheritance; the creation, modification,
extension, spreading, severance, consolidation, assignment, transfer,
release or satisfaction of a mortgage; a mortgage subordination agreement,
a mortgage severance agreement, or an instrument given to perfect
or correct a recorded mortgage; or a release of lien of tax pursuant
to this chapter or the Internal Revenue Code.
The Town of Gardiner Community Preservation Fund created and established pursuant to § 6-s of the New York General Municipal Law and Article I of this chapter.
Includes title in fee, a leasehold interest, a beneficial
interest, an encumbrance, development rights, air space and air rights,
or any other interest with the right to use or occupancy of real property
or the right to receive rents, profits or other income derived from
real property. It shall also include an option or contract to purchase
real property. It shall not include a right of first refusal to purchase
real property.
An individual, partnership, society, limited-liability company,
association, joint-stock company, corporation, estate, receiver, trustee,
assignee, referee, or any other person acting in a fiduciary or representative
capacity, whether appointed by a court or otherwise, any combination
of individuals, and any other form of unincorporated enterprise owned
or conducted by two or more persons.
Every estate or right, legal or equitable, present or future,
vested or contingent, in lands, tenements or hereditaments, including
buildings, structures and other improvements thereon, which are located
in whole or in part within the Town. It shall not include rights to
sepulture.
The County Clerk of the County of Ulster.
The person making the conveyance of real property or interest
therein. Where the conveyance consists of a transfer or an acquisition
of a controlling interest in an entity with an interest in real property,
"seller" shall mean the entity with an interest in real property or
a shareholder or partner transferring stock or partnership interest.
The Town of Gardiner.
The Town Supervisor of the Town of Gardiner.
There is hereby imposed in the Town of Gardiner a tax on each conveyance of real property or interest therein, as authorized by Article 33-B of New York Tax Law, the rate of such tax to be 1.25% of the consideration for the conveyance. Revenues from such tax shall be deposited in the Town of Gardiner Community Preservation Fund established pursuant to Article I of this chapter and may be used solely for the purpose of said fund. Such tax shall apply to any conveyance occurring on or after February 1, 2023, but shall not apply to conveyances made on or after such date pursuant to binding written contracts entered into prior to such date, provided that the date of execution of such contract is confirmed by independent evidence such as the recording of the contract, payment of a deposit, or other facts and circumstances as determined by the Commissioner of Finance.
A.
The real estate transfer tax imposed pursuant to this article shall
be paid to the Commissioner of Finance, or to the Recording Officer
acting as the agent of the Commissioner of Finance upon designation
as such agent by the Commissioner of Finance. Such tax shall be paid
at the same time as the real estate transfer tax imposed by Article
31 of the New York Tax Law is required to be paid. Such Commissioner
of Finance or Recording Officer shall endorse upon each deed or instrument
effecting a conveyance a receipt for the amount of the tax so paid.
B.
A return shall be required to be filed with such Commissioner of
Finance or Recording Officer for purposes of the real estate transfer
tax imposed pursuant to this article at the same time as a return
is required to be filed for purposes of the real estate transfer tax
imposed by Article 31 of the Tax Law. The Commissioner of Finance
shall prescribe the form of return, the information that it shall
contain, and the documentation that shall accompany the return. Said
form shall be identical to the real estate transfer tax return required
to be filed pursuant to § 1409 of the New York Tax Law,
except that the Commissioner of Finance shall adapt said form to reflect
the provisions of this article which are inconsistent with, different
from, or in addition to the provisions of Article 31 of the Tax Law.
The real estate transfer tax returns required to be filed pursuant
to this section are required to be preserved for three years and thereafter
until such Commissioner of Finance or Recording Officer orders them
to be destroyed.
C.
The Recording Officer shall not record an instrument effecting a
conveyance unless the return required by this section has been filed
and unless the tax imposed pursuant to this article shall have been
paid as provided in this section.
A.
The real estate transfer tax required hereunder shall be paid by
the buyer. If the buyer has failed to pay the tax imposed pursuant
to this article, or if the buyer is exempt from such tax, the seller
shall have the duty to pay the tax. Where the seller has the duty
to pay the tax because the buyer has failed to pay, such tax shall
be the joint and several liability of the buyer and seller.
B.
For the purpose of the proper administration of this article and
to prevent evasion of the tax hereby imposed, it shall be presumed
that all conveyances are taxable. Where the consideration includes
property other than money, it shall be presumed that the consideration
is the fair market value of the real property or interest therein.
These presumptions shall prevail until the contrary is proven, and
the burden of proving the contrary shall be on the person liable for
payment of the tax.
A.
Exemption for government agencies. The following entities shall be
exempt from payment of the real estate transfer tax imposed by this
article:
(1)
The State of New York or any of its agencies, instrumentalities,
political subdivisions, or public corporations (including a public
corporation created pursuant to agreement or compact with another
state or the Dominion of Canada);
(2)
The United Nations; and
(3)
The United States of America and any of its agencies or instrumentalities.
B.
Exemption for certain conveyances. The real estate transfer tax imposed
by this article shall not apply to any of the following conveyances:
(1)
Conveyances to the United Nations, the United States of America,
the State of New York or any of their instrumentalities, agencies,
or political subdivisions (or any public corporation, including a
public corporation created pursuant to agreement or compact with another
state or the Dominion of Canada);
(2)
Conveyances which are or were used to secure a debt or other obligation;
(3)
Conveyances which, without additional consideration, confirm, correct,
modify, or supplement a prior conveyance;
(4)
Conveyances of real property without consideration and otherwise
than in connection with a sale, including conveyances conveying realty
as bona fide gifts;
(5)
Conveyances given in connection with a tax sale;
(6)
Conveyances to effectuate a mere change of identity or form of ownership
or organization where there is no change in beneficial ownership,
other than conveyances to a cooperative housing corporation of the
real property comprising the cooperative dwelling or dwellings;
(7)
Conveyances which consist of a deed of partition;
(8)
Conveyances given pursuant to the Federal Bankruptcy Act;
(9)
Conveyances of real property which consist of the execution of a
contract to sell real property without the use or occupancy of such
property or the granting of an option to purchase real property without
the use or occupancy of such property;
(10)
Conveyances of real property where the entire parcel of real
property is the subject of one or more of the following development
restrictions:
(a)
An agricultural, conservation, scenic, or open space easement;
(b)
Covenants or restrictions which prohibit the development where
the property being conveyed has had its development rights permanently
removed;
(c)
A purchase of development rights agreement where the property
being conveyed has had its development rights permanently removed;
(d)
A transfer of development rights agreement, where the property
being conveyed has had its development rights permanently removed;
(e)
Real property subject to any locally adopted land preservation
agreement;
(11)
Conveyances of real property, where the property is viable agricultural land as defined in Subdivision 7 of § 301 of the Agriculture and Markets Law and the entire property to be conveyed is to be made subject to one of the development restrictions set forth in the preceding Subsection B(10), provided that said development restriction precludes the conversion of the property to a nonagricultural use for at least eight years from the date of transfer, and said development restriction is evidenced by an easement, agreement, or other suitable instrument which is to be conveyed to the Town simultaneously with the conveyance of the real property;
(12)
Conveyances of real property for open space, parks, or historic
preservation purposes to any not-for-profit tax-exempt corporation
operated for conservation, environmental, parks or historic preservation
purposes.
There shall be allowed an exemption of an amount equal to the
median sales price of residential real property within the Town of
Gardiner, as determined by the State Commissioner of Taxation and
Finance, on the consideration of the conveyance of improved or unimproved
real property or an interest therein.
A buyer shall be allowed a credit against the tax due on a conveyance
of real property to the extent that tax was paid by such buyer on
a prior creation of a leasehold of all or a portion of the same real
property or on the granting of an option or contract to purchase all
or a portion of the same real property by such buyer. Such credit
shall be computed by multiplying the tax paid on the creation of the
leasehold or on the granting of the option or contract by a fraction,
the numerator of which is the value of the consideration used to compute
such tax paid which is not yet due to such seller on the date of the
subsequent conveyance (and which such seller will not be entitled
to receive after such date) and the denominator of which is the total
value of the consideration used to compute such tax paid.
A.
Notwithstanding the definition of "controlling interest" contained in § 101-9 hereof or anything to the contrary found in the definition of "conveyance" contained in said section, the tax imposed pursuant to this article shall apply to the following:
(1)
The original conveyance of shares of stock in a cooperative housing
corporation in connection with the grant or transfer of a proprietary
leasehold by the cooperative corporation or cooperative plan sponsor;
(2)
The subsequent conveyance of such stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold by the owner thereof. With respect to any such subsequent conveyance where the property is an individual residential unit, the consideration for the interest conveyed shall exclude the value of any liens on certificates of stock or other evidences of an ownership interest in and a proprietary lease from a corporation or partnership formed for the purpose of cooperative ownership of residential interest in real estate remaining thereon at the time of conveyance. In determining the tax on a conveyance described in Subsection A(1) above, a credit shall be allowed for a proportionate part of the amount of any tax paid upon the conveyance to the cooperative housing corporation of the real property comprising the cooperative dwelling or dwellings to the extent that such conveyance effectuated a mere change of identity or form of ownership of such property and not a change in the beneficial ownership of such property. The amount of credit shall be determined by multiplying the amount of tax paid upon the conveyance to the cooperative housing corporation by a percentage representing the extent to which such conveyance effectuated a mere change of identity or form of ownership and not a change in the beneficial ownership of such property, and then multiplying the resulting product by a fraction, the numerator of which shall be the number of shares of stock conveyed in a transaction described in Subsection A(1) and the denominator of which shall be the total number of shares of stock of the cooperative housing corporation (including any stock held by the corporation). In no event, however, shall such credit reduce the tax on a conveyance described in Subsection A(1) below zero, nor shall any such credit be allowed for a tax paid more than 24 months prior to the date on which occurs the first in a series of conveyances of shares of stock in an offering of cooperative housing corporation shares described in Subsection A(1).
B.
Every cooperative housing corporation shall be required to file an
information return with the County Commissioner of Finance by July
15 of each year covering the preceding period of January 1 through
June 30 and by January 15 of each year covering the preceding period
of July 1 through December 31. The return shall contain such information
regarding the conveyance of shares of stock in the cooperative housing
corporation as the Commissioner of Finance may deem necessary, including,
but not limited to, the names, addresses, and employee identification
numbers or social security numbers of the seller and the buyer, the
number of shares conveyed, the date of the conveyance, and the consideration
paid for such conveyance.
The Commissioner of Finance is authorized by law to designate the Recording Officer to act as such officer's agent for the purpose of collecting the tax authorized by this article. The Commissioner of Finance shall provide for the manner in which such person may be designated as such officer's agent subject to such terms and conditions as such officer shall prescribe. The real estate transfer tax shall be paid to such agent as provided in § 101-11 hereof.
A Recording Officer shall not be liable for any inaccuracy in
the amount of tax imposed pursuant to this article that he shall collect
so long as such officer shall compute and collect such tax on the
amount of consideration or the value of the interest conveyed as such
amounts are provided to such officer by the person paying the tax.
Whenever the Commissioner of Finance shall determine that any
moneys received under the provisions of this article were paid in
error, he may cause such money to be refunded pursuant to such requirements
as he may prescribe, provided that any application for such refund
is filed with the Commissioner of Finance within two years from the
date the erroneous payment was made.
A.
All taxes, penalties, and interest imposed by the Town under the
authority of this article, which are collected by the Commissioner
of Finance or such officer's agents, shall be deposited in a single
trust fund for the Town and shall be kept in trust and separate and
apart from all other monies in possession of the Commissioner of Finance.
Moneys in such fund shall be deposited and secured in the manner provided
by § 10 of the General Municipal Law. Pending expenditure
from such fund, moneys therein may be invested in the manner provided
in § 11 of the General Municipal Law. Any interest earned
or capital gain realized on the moneys so deposited or invested shall
accrue to and become part of such fund.
B.
The Commissioner of Finance shall retain such amount as he may determine
to be necessary for refunds with respect to the tax imposed by the
Town under the authority of this article, out of which the Commissioner
of Finance shall pay any refunds of such taxes to those taxpayers
entitled to a refund pursuant to the provisions of this article.
C.
The Commissioner of Finance, after reserving such funds, shall on
or before the 12th day of each month, pay to the Town Supervisor the
taxes, penalties, and interest imposed by the Town under the authority
of this article, collected by the Commissioner of Finance pursuant
to this article during the next preceding calendar month. The amount
so payable shall be certified to the Town Supervisor by the Commissioner
of Finance, who shall not be held liable for any inaccuracy in such
certification. However, any such certification may be based on such
information as may be available to the Commissioner of Finance at
the time such certification must be made under this section.
D.
Where the amount so paid over to the Town in any such distribution
is more or less than the amount due to the Town, the amount of the
overpayment or underpayment shall be certified to the Town Supervisor
by the Commissioner of Finance, who shall not be held liable for any
inaccuracy in such certification. The amount of the underpayment or
overpayment shall be so certified to the Town Supervisor as soon after
the discovery of the overpayment or underpayment as reasonably possible
and subsequent payments and distributions by the Commissioner of Finance
to such Town shall be adjusted by subtracting the amount of any such
overpayment from or by adding the amount of any such underpayment
to such number of subsequent payments and distributions as the Commissioner
of Finance and Town Supervisor shall consider reasonable in view of
the underpayment or overpayment and all other facts and circumstances.
A.
Any final determination of the amount of any tax payable under this
article shall be reviewable for error, illegality, or unconstitutionality,
or any other reason whatsoever, by a proceeding under Article 78 of
the Civil Practice Law and Rules if application therefor is made to
the Supreme Court within four months after the giving of the notice
of such final determination; provided, however, that any such proceeding
under Article 78 of the Civil Practice Law and Rules shall not be
instituted unless:
(1)
The amount of any tax sought to be reviewed, with such interest and
penalties thereon as may be provided for by this chapter, shall be
first deposited and there is filed an undertaking, issued by a surety
company authorized to transact business in New York State and approved
by the State Superintendent of Financial Services as to solvency and
responsibility, in such amount as a Justice of the Supreme Court shall
approve, to the effect that, if such proceeding shall be dismissed
or the tax confirmed, the petitioner will pay all costs and charges
which may accrue in the prosecution of such proceeding; or
(2)
At the option of the petitioner, such undertaking may be in a sum
sufficient to cover the taxes, interest, and penalties stated in such
determination, plus the costs and charges which may accrue against
such petitioner in the prosecution of the proceeding, in which event
the petitioner shall not be required to pay such taxes, interest,
or penalties as a condition precedent to the application.
B.
Where any tax imposed hereunder shall have been erroneously, illegally,
or unconstitutionally assessed or collected, and application for the
refund or revision thereof duly made to the Commissioner of Finance,
and such Commissioner of Finance shall have made a determination denying
such refund or revision, such determination shall be reviewable by
a proceeding under Article 78 of the Civil Practice Law and Rules;
provided, however, that:
(1)
Such proceeding is instituted within four months after the giving
of the notice of such denial;
(2)
A final determination of tax due was not previously made; and
(3)
An undertaking is filed with the Commissioner of Finance in such
amount and with such sureties as a Justice of the Supreme Court shall
approve, to the effect that if such proceeding is dismissed or the
tax confirmed, the petitioner will pay all costs and charges which
may accrue in the prosecution of such proceeding.
A.
Where real property is situated partly within and partly without
the boundaries of the Town, the consideration subject to tax is such
part of the total consideration as is attributable to the portion
of such real property situated with the Town or to the interest in
such portion. If the consideration attributable to the property located
in the Town is set forth in the contract, such amount may be used
to compute the tax due.
B.
If the contract does not set forth the amount of consideration attributable
to the portion of real property or interest therein situated within
the Town, the consideration shall be reasonably allocated between
the portion of such property or interest therein situated within the
Town and the portion of such property or interest therein situated
without the Town. If the seller and the buyer enter into a written
agreement, signed by both the seller and the buyer, which sets forth
a reasonable allocation of consideration, that allocation of consideration
may be used to compute the tax due. If the seller and the buyer do
not enter into such an agreement, or if the allocation of consideration
set forth in such agreement is deemed unreasonable by the Commissioner
of Finance, the allocation of consideration must be computed by multiplying
the amount of consideration by a fraction, the numerator of which
is the fair market value of the real property or interest therein
situated within the Town, and the denominator of which is the total
fair market value of all the real property or interest therein being
conveyed. Except in the case of a transfer or acquisition of a controlling
interest where consideration means fair market value of the real property
or interest therein, the tax shall be computed on the allocated portion
of the actual consideration paid, even if that amount is greater or
less than the fair market value as determined by appraisal.
C.
Where the methods provided under this section do not allocate the
consideration in a fair and equitable manner, the Commissioner of
Finance may require the seller and buyer to allocate the consideration
under such method as such officer prescribe, so long as the prescribed
method results in a fair and equitable allocation.
A.
If a return required by this article is not filed, or if a return when filed is incorrect or insufficient, the amount of tax due shall be determined by the Commissioner of Finance from such records or information as may be obtainable, including the assessed valuation of the real property or interest therein and other appropriate factors. Notice of such determination shall be given to the person liable for the payment of the tax. Such determination shall finally and irrevocably fix the tax unless the person against whom it is assessed, within 90 days after the giving of notice of such determination, shall petition the Town Supervisor for a hearing, or unless the Commissioner of Finance, on the Commissioner of Finance's own motion, shall redetermine the same. The Town Supervisor may designate, in writing, a hearing officer to hear such an appeal, which hearing officer shall file a written report and recommendation with the Town Supervisor. In any case before the Town Supervisor under this article, the burden of proof shall be on the petitioner. After such hearing, the Town Supervisor shall give notice of the determination to the person against whom the tax is assessed and to the Commissioner of Finance. Such determination may be reviewed in accordance with the provisions of § 101-21 of this article. A proceeding for judicial review shall not be instituted unless:
(1)
The amount of any tax sought to be reviewed, with penalties and interest
thereon, if any, shall be first deposited with the Commissioner of
Finance and there shall be filed with the Commissioner of Finance
an undertaking, issued by a surety company authorized to transact
business in New York State and approved by the State Superintendent
of Financial Services as to solvency and responsibility, in such amount
and with such sureties as a Justice of the Supreme Court shall approve,
to the effect that if such proceeding shall be dismissed or the tax
confirmed, the petitioner will pay all costs and charges which may
accrue in the prosecution of the proceeding; or
(2)
At the option of the petitioner, such undertaking filed with the
Commissioner of Finance may be in a sum sufficient to cover the taxes,
penalties, and interest thereon stated in such decision, plus the
costs and charges which may accrue against the petitioner in the prosecution
of the proceeding; in which event, the petitioner shall not be required
to deposit such taxes, penalties, and interest as a condition precedent
to the commencement of the proceeding.
B.
A person liable for the tax imposed by this article (whether or not a determination assessing a tax pursuant to Subsection A of § 101-23 hereof has been made) shall be entitled to have the tax due finally and irrevocably fixed prior to the ninety-day period referred to in Subsection A by filing with the Commissioner of Finance a signed statement consenting thereto, in writing and in such form as the Commissioner of Finance shall prescribe.
A.
Whenever any person shall fail to pay any tax, penalty, or interest
imposed by this article, the Town Attorney or attorneys designated
by the Town shall, upon the request of the Commissioner of Finance,
bring or cause to be brought, an action to enforce the payment of
the same on behalf of the Town, in any court of the State of New York
or of any other state or of the United States.
B.
As an additional and alternative remedy, the Commissioner of Finance
may issue a warrant, directed to the Sheriff of Ulster County, commanding
such officer to levy upon and sell any real and personal property
of a seller or buyer liable for the tax which may be found within
the County, for payment of the amount thereof, with any penalty and
interest and the cost of executing the warrant, and to return such
warrant to the Commissioner of Finance and to pay the Commissioner
of Finance the money collected by virtue thereof within 60 days after
the receipt of the warrant. The Sheriff shall, within five days after
the receipt of the warrant, file with the Clerk a copy thereof, and
thereupon such Clerk shall enter in the judgment docket the name of
the person mentioned in the warrant and the amount of the tax, penalty,
and interest for which the warrant is issued and the date when such
copy is filed. Thereupon the amount of such warrant so docketed shall
become a lien on the title to and interest in real and personal property
of the person against whom the warrant is issued. Such lien shall
not apply to personal property unless such warrant is filed with the
Department of State. The Sheriff shall then proceed upon the warrant
in the same manner and with like effect as that provided by law in
respect to executions issued against property upon judgments of a
court of record, and for services in executing the warrant he shall
be entitled to the same fees, which he may collect in the same manner.
In the discretion of the Commissioner of Finance, a warrant of like
terms, force, and effect may be issued and directed to any officer
or employee of the county; and in the execution thereof, such officer
or employee shall have all the powers conferred by law upon Sheriffs,
but shall be entitled to no fee or compensation in excess of the actual
expenses paid in the performance of such duty. Upon such filing of
a copy of a warrant, the Commissioner of Finance shall have the same
remedies to enforce the amount due thereunder as if the County of
Ulster had recovered the judgment therefor.
A.
Any seller or buyer failing to file a return or to pay any tax within
the time required by this article shall be subject to a penalty of
10% of the amount of the tax due plus an interest penalty of 2% of
such amount, for each month of delay or fraction thereof after the
expiration of the first month after such return was required to be
filed or such tax became due; such interest penalty shall not exceed
25% in the aggregate. If the Commissioner of Finance determines that
such failure or delay was due to reasonable cause and not due to willful
neglect, the Commissioner of Finance shall remit, abate or waive all
of such penalty and interest penalty.
B.
If any amount of tax is not paid on or before the last date prescribed in § 101-11 hereof for payment, interest on such amount shall be paid for the period from such last date to the date paid at the underpayment rate set by the Commissioner of Taxation and Finance on underpayment of the taxes imposed by Article 31 of the Tax Law. If the County Commissioner of Finance determines that there has been an overpayment of tax, interest at the overpayment rate set by the State Commissioner of Taxation and Finance for payments due pursuant to Article 31 of the Tax Law shall be paid by the County Commissioner of Finance to the seller or buyer, on any refund paid pursuant to the provisions of this article.
C.
The penalties and interest provided for in this section shall be
paid to the County Commissioner of Finance and shall be determined,
assessed, collected and distributed in the same manner as the tax
imposed by this article, and any reference to tax in this article
shall be deemed to refer to the penalties and interest imposed in
this section.
A.
Except in accordance with proper judicial order or as otherwise provided
by law, it shall be unlawful for any officer or employee of the County
or the Town, or any person engaged or retained on an independent contract
basis, to divulge or make known in any manner the particulars set
forth or disclosed in any return required under this article. However,
nothing in this section shall prohibit the recording officer from
making a notation on an instrument effecting a conveyance indicating
the amount of tax paid. No recorded instrument effecting a conveyance
shall be considered a return for the purposes of this section.
B.
The officers charged with the custody of such returns shall not be
required to produce any of them or evidence of anything contained
in them in any action or proceeding in any court, except on behalf
of the County or the Town in any action or proceeding involving the
collection of a tax due under this article to which the County or
the Town or an officer or employee of the County or the Town is a
party or a claimant, or on behalf of any party to any action or proceeding
under the provisions of this article when the returns or facts shown
thereby are directly involved in such action or proceeding; in any
of which events the court may require the production of and may admit
in evidence so much of said returns or of the facts shown thereby
as are pertinent to the action or proceeding and no more.
C.
Nothing herein shall be construed to prohibit the delivery to a seller
or buyer of an instrument effecting a conveyance, or to the duly authorized
representative of such seller or buyer, of a certified copy of any
return filed in connection with such instrument or to prohibit the
publication of statistics so classified as to prevent the identification
of particular returns or the items thereof or to prohibit the inspection
by the legal representatives of the County or the Town of the return
of any taxpayer who shall bring action to set aside or review the
tax based thereon.
The Town Board shall be authorized to, by resolution, enter
into any intergovernmental agreement with the County of Ulster deemed
necessary for the effective and efficient administration and enforcement
of this chapter.
