Sullivan County, NY
 
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Table of Contents
Table of Contents
[Adopted 5-23-2007 by L.L. No. 4-2007[1]]
[1]
Editor's Note: This ordinance provided for the repeal of former Part 9, Recording Tax of Obligations secured by Mortgages on Real Property, adopted 9-15-2004 by L.L. No. 2-2004.
[Amended 4-15-2010 by L.L. No. 1-2010; 4-29-2010 by L.L. No. 2-2010; 3-21-2013 by L.L. No. 1-2013; 12-17-2015 by L.L. No. 5-2015; 11-15-2018 by L.L. No. 4-2018]
For the period beginning May 1, 2019, and ending April 30, 2022, there is hereby imposed, in the County of Sullivan, 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 the County of Sullivan and recorded on or after May 1, 2019, 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 under the authority of this article shall be administered and collected in the same manner as the taxes imposed under subdivision 1 of § 253 of the Tax Law and Paragraph (b) of Subdivision 1 of § 255 of the Tax Law.
A tax imposed pursuant to this article shall be in addition to the taxes imposed by § 253 of the Tax Law.
Where real property covered by the mortgage subject to the tax imposed pursuant to this article is situated in the State of New York but within and without the County of Sullivan, the amount of such tax due and payable to the County shall be determined in the same manner that is prescribed in paragraph 1 of § 260 of the Tax Law. 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 Paragraph 2 of § 260 of the Tax Law. Where such 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 herein.
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 Sullivan during each month upon account of the tax imposed pursuant to this article, after deducting the necessary expenses of his or her office as provided in § 262 of the Tax Law, except taxes paid upon mortgages which under the provisions of this section 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 tenth day of each succeeding month to the Treasurer of the County of Sullivan and, after the deduction by such Treasurer of all 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 Sullivan 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 § 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 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, except where real property is situated within and without the County of Sullivan, the recording officer of the county in which the mortgage is first recorded shall collect the tax imposed by this article, as required by Subdivision 3 of § 253-j of the Tax Law. 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 the tax stated therein has been paid upon such mortgage.
[Amended 4-15-2010 by L.L. No. 1-2010; 4-29-2010 by L.L. No. 2-2010; 3-21-2013 by L.L. No. 1-2013; 12-17-2015 by L.L. No. 5-2015; 11-15-2018 by L.L. No. 4-2018]
This article shall take effect May 1, 2019. 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 Sullivan County Clerk, the Secretary of State, and the State Comptroller within five days after this article is enacted.