[Adopted 8-4-1998 by L.L. No. 28-1998[1]]
[1]
Editor's Note: This local law was passed at
mandatory referendum 11-3-1998. This local law was last amended 8-18-2016
by L.L. No. 46-2016 to provide that, pursuant to Article 31-D of the
State Tax Law, the real estate transfer tax implemented by this article
shall be extended until 12-31-2050. Local Law No. 46-2016 was subject
to mandatory referendum and was approved by a majority of the qualified
electors at the general election held 11-8-2016.
As used in this chapter, the following words
and terms shall have the meanings indicated:
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 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 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 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.
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.
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 the sum of the term of the lease or sublease
and any options for renewal exceeds 49 years, substantial capital
improvements are or may be made by or for the benefit of the lessee
or sublessee and 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 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 East Hampton Community Preservation Fund created and established pursuant to § 64-e of the New York Town Law and Article I of this chapter.
The person who obtains real property or an interest therein
as a result of a conveyance.
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,
"grantor" shall mean the entity with an interest in real property
or a shareholder or partner transferring stock or partnership interest.
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, 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 Suffolk.
The Town of East Hampton.
The Town Supervisor of the Town of East Hampton.
The Treasurer of the County of Suffolk.
[Added 3-19-1999 by L.L. No. 8-1999]
The Town Board shall have power, by resolution and after a public hearing held on not less than five days' notice, to adopt and implement regulations pertaining to the administration of Article II hereof. Said regulations shall be consistent with the provisions of the said article and of Article 31-D of the New York Tax Law, as the same may be amended from time to time.
[Amended 3-2-2023 by L.L. No. 4-2023]
There is hereby imposed in the Town of East Hampton a tax on each conveyance of real property or interest therein where the consideration exceeds $500, as authorized by Article 31-D of the New York Tax Law, the rate of such tax to be 2% of the consideration for the conveyance with revenues from such tax shall be deposited in the Community Preservation Fund established pursuant to Article I of this chapter to be used solely for the purposes of said fund, and 0.5% to be deposited into a fund for community housing purposes as authorized under Chapter 162, Supplemental Real Estate Transfer Tax for Community Housing. Such tax shall apply to any conveyance occurring on or after April 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 County Treasurer.
A.
The real estate transfer tax imposed pursuant to this
article shall be paid to the Treasurer, or to the recording officer
acting as the agent of the Treasurer upon designation as such agent
by the Treasurer. 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 Treasurer 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 Treasurer
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 Treasurer 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 Tax Law, except that the Treasurer 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 Treasurer 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 grantee. If the grantee has failed to pay the tax imposed
pursuant to this article, or if the grantee is exempt from such tax,
the grantor shall have the duty to pay the tax. Where the grantor
has the duty to pay the tax because the grantee has failed to pay,
such tax shall be the joint and several liability of the grantee and
grantor.
B.
For the purpose of the proper administration of this
article and to prevent evasion of the tax hereby authorized, 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.
(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 to be conveyed is the subject of one or more
of the following development restrictions:
(a)
An agricultural, conservation, scenic or other
open space easement which entirely prohibits the development of the
property or which restricts its use solely to agriculture.
(b)
Recorded covenants or restrictions which prohibit
the development of the property.
(c)
A purchase of development rights agreement.
(d)
A transfer of development rights agreement,
where the property being conveyed has had its development rights removed.
(e)
Development restrictions which result from the
inclusion of the property in an agricultural district or its subjection
to an individual commitment, pursuant to Article 25-AA of the New
York Agriculture and Markets Law.
(f)
Development restrictions which result from the subjection of the property to a local land preservation agreement, such that the development of the property is entirely prohibited or is restricted solely to agriculture, pursuant to Chapter 16 of the Town Code or corresponding provisions of a local law adopted by an incorporated village.
(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 restrictions are evidenced by an easement, agreement or other suitable instrument which is 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 or historic preservation
purposes.
[Amended 3-2-2023 by L.L. No. 4-2023]
A.
There shall be allowed an exemption of $400,000 on
the consideration of the conveyance of improved real property or an
interest therein. No exemption on conveyances of $2,000,000 or greater.
B.
There shall be allowed an exemption of $100,000 on
the consideration of the conveyance of unimproved real property or
an interest therein. No exemption on conveyances of $2,000,000 or
greater.
A grantor shall be allowed a credit against
the tax due on a conveyance of real property to the extent that tax
was paid by such grantor 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 grantor. 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 grantor on the date of the subsequent conveyance (and
which such grantor 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 § 112-2-10 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 corporative 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 Treasurer 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 Treasurer may deem necessary, including, but not
limited to, the names, addresses and employee identification numbers
or social security numbers of the grantor and the grantee, the number
of shares conveyed, the date of the conveyance and the consideration
paid for such conveyance.
The County Treasurer is authorized by law to designate the recording officer to act as his agent for the purpose of collecting the tax imposed by this article. The Treasurer shall provide for the manner in which such person may be designated as his agent subject to such terms and conditions as he shall prescribe. The real estate transfer tax shall be paid to such agent as provided in § 112-2-25 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 he shall compute and collect such
tax on the amount of consideration or the value of the interest conveyed
as such amounts are provided to him by the person paying the tax.
Whenever the Treasurer 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
rules and regulations as he may prescribe, provided that any application
for such refund is filed with the Treasurer 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 Treasurer
or his 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 moneys
in possession of the Treasurer. 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 Treasurer 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 Treasurer
shall pay any refunds of such taxes to those taxpayers entitled to
a refund pursuant to the provisions of this article.
C.
The Treasurer, 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 Treasurer pursuant to this article
during the proceeding calendar month. The amount so payable shall
be certified to the Town Supervisor by the Treasurer, 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 Treasurer 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 Treasurer, 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 Treasurer
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 Treasurer
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 Insurance 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 him 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 Treasurer, and
such Treasurer 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.
(3)
An undertaking is filed with the Treasurer 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 within 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 grantor and the grantee enter into a written
agreement, signed by both the grantor and the grantee, which sets
forth a reasonable allocation of consideration, that allocation of
consideration may be used to compute the tax due. If the grantor and
the grantee do not enter into such an agreement, or if the allocation
of consideration set forth in such agreement is deemed unreasonable
by the Treasurer, 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 Treasurer
may require the grantor and grantee to allocate the consideration
under such method as he prescribes, 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 Treasurer 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 Treasurer, on the Treasurer'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 Treasurer. Such determination may be reviewed in accordance with the provisions of § 112-2-75 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 Treasurer and there shall be filed with the Treasurer an
undertaking, issued by a surety company authorized to transact business
in New York State and approved by the State Superintendent of Insurance
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 Treasurer 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 him 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 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 Treasurer a signed statement consenting thereto, in writing and in such form as the Treasurer shall prescribe.
A.
Whenever any person shall fail to pay any tax, penalty
or interest imposed by this article, the Town Attorney shall, upon
the request of the Treasurer, 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 Treasurer
may issue a warrant, directed to the Sheriff of Suffolk County, commanding
him to levy upon and sell any real and personal property of a grantor
or grantee 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
Treasurer and to pay the Treasurer 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.
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 Treasurer, 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 Treasurer shall have the same remedies to enforce the
amount due thereunder as if the County of Suffolk had recovered the
judgment therefor.
A.
Any grantor or grantee 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 Treasurer determines
that such failure or delay was due to reasonable cause and not due
to willful neglect, the Treasurer 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 § 112-2-25 hereof for payment, interest on such amount at the rate of 10% per month shall be paid for the period from such last date to the date paid.
C.
The penalties and interest provided for in this section
shall be paid to the Treasurer 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 include 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 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 Town in any action or proceeding involving the collection
of a tax due under this article to which the Town or an officer or
employee of 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 grantor or grantee of an instrument effecting a conveyance,
or to the duly authorized representative of such grantor or grantee,
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 Town of
the return of any taxpayer who shall bring action to set aside or
review the tax based thereon.
D.
Any officer or employee of the Town who willfully
violates the provisions of this section shall be dismissed from office
and be incapable of holding any public office in the state for a period
of five years thereafter.
