[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; 2-17-2022 by L.L. No. 1-2022]
For the period beginning May 1, 2022, and ending
April 30, 2025, 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, 2022, 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; 2-17-2022 by L.L. No. 1-2022]
This article shall take effect May 1, 2022.
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.
