State Codes and Statutes

Statutes > New-york > Rpt > Article-4 > Title-3 > 494

§  494.    Taxation  of  exempt  property  upon  transfer  of title or  possession in certain instances.   1.   The provisions of  this  section  shall apply only in a city having a population of one million or more.    2.  Whenever any person, association or corporation not entitled to an  exemption  from  taxation  acquires  title  to or possession of property  which is exempt from taxation, such property  shall  immediately  become  subject  to  taxation  and  shall  be  taxed  pro rata for the unexpired  portion of the taxable year.  However, if the United States or the state  of New York, through  the  exercise  of  the  power  of  eminent  domain  acquires  or  shall have acquired temporarily the possession, occupation  or use of real  property  which  was  previously  exempt  from  taxation  pursuant  to former section four of the tax law, such previous exemption  shall be deemed to continue unbroken and to resume from  the  date  when  the  possession shall have been restored to the owner and the previously  exempt use resumed, despite the fact that such property may  be  or  may  have been deemed taxable during the period when the United States or the  state  of  New  York  acquired  or  shall  have  acquired such temporary  possession, occupation or use.    3.  If taxes on any such property  become  due  and  payable  for  the  entire  taxable  year  on a single date, and any such change in title or  possession takes place prior to such due date, the pro rata  portion  of  taxes  imposed  upon such property pursuant to this section shall become  due and payable and shall become a lien upon such property upon such due  date, but if such change in title or possession takes place  after  such  due  date,  such  pro rata portion of taxes shall become due and payable  and shall become a lien upon such property on the date when such  change  in  title  or  possession takes place.  If taxes embracing such property  become due and payable on two dates in equal installments, and any  such  change  in  title or possession takes place prior to the earlier of such  due dates, the pro rata portion of the first  installment  shall  become  due and payable and shall become a lien on such property on such earlier  due date, and the entire second installment shall become due and payable  and shall become a lien on such property on the later of such due dates;  if  any  such change in title or possession takes place between such due  dates, the entire pro rata portion of the taxes to which  such  property  is  subject  for  the taxable year pursuant to this section shall become  due and payable and shall become a lien on such property upon such later  due date; if any such transfer of title or possession takes place  after  the later of such due dates, the pro rata portion of taxes to which such  property  is subject for the taxable year pursuant to this section shall  become due and payable and shall become a lien on such property upon the  date of such transfer of title or possession.  If taxes  embracing  such  property  become  due  and  payable  on  more  than  two  dates in equal  installments, and any such change in title  or  possession  takes  place  prior  to the first due date, or between due dates, the pro rata portion  of the first installment or of a subsequent installment affected by such  change, as the case may be, shall  become  due  and  payable  and  shall  become  a  lien  on  such  property  on the due date next following such  change in title or possession,  and  the  remaining  installments  shall  become due and payable and shall become a lien on such property on their  respective  due dates; if any such transfer of title or possession takes  place after the last due date in a taxable year, the pro rata portion of  tax to which such property is subject for the taxable year  pursuant  to  this  section  shall  become  due and payable and shall become a lien on  such property upon the date of such transfer of title or possession.    4.  No right granted by this article to  any  person,  association  or  corporation  to lease or otherwise use for income-producing purposes any  property of such person, association or corporation, without terminatingthe tax exemption of such  property  in  whole  or  in  part,  shall  be  impaired  or  diminished  by this section, but if any change of title or  possession of any property, shall, by virtue of the provisions  of  this  article,  terminate  the  tax exemption of such property, in whole or in  part, the provisions of this section shall apply  with  full  force  and  effect  to the extent that such property shall cease to be tax exempt by  virtue of the provisions of such article.

State Codes and Statutes

Statutes > New-york > Rpt > Article-4 > Title-3 > 494

§  494.    Taxation  of  exempt  property  upon  transfer  of title or  possession in certain instances.   1.   The provisions of  this  section  shall apply only in a city having a population of one million or more.    2.  Whenever any person, association or corporation not entitled to an  exemption  from  taxation  acquires  title  to or possession of property  which is exempt from taxation, such property  shall  immediately  become  subject  to  taxation  and  shall  be  taxed  pro rata for the unexpired  portion of the taxable year.  However, if the United States or the state  of New York, through  the  exercise  of  the  power  of  eminent  domain  acquires  or  shall have acquired temporarily the possession, occupation  or use of real  property  which  was  previously  exempt  from  taxation  pursuant  to former section four of the tax law, such previous exemption  shall be deemed to continue unbroken and to resume from  the  date  when  the  possession shall have been restored to the owner and the previously  exempt use resumed, despite the fact that such property may  be  or  may  have been deemed taxable during the period when the United States or the  state  of  New  York  acquired  or  shall  have  acquired such temporary  possession, occupation or use.    3.  If taxes on any such property  become  due  and  payable  for  the  entire  taxable  year  on a single date, and any such change in title or  possession takes place prior to such due date, the pro rata  portion  of  taxes  imposed  upon such property pursuant to this section shall become  due and payable and shall become a lien upon such property upon such due  date, but if such change in title or possession takes place  after  such  due  date,  such  pro rata portion of taxes shall become due and payable  and shall become a lien upon such property on the date when such  change  in  title  or  possession takes place.  If taxes embracing such property  become due and payable on two dates in equal installments, and any  such  change  in  title or possession takes place prior to the earlier of such  due dates, the pro rata portion of the first  installment  shall  become  due and payable and shall become a lien on such property on such earlier  due date, and the entire second installment shall become due and payable  and shall become a lien on such property on the later of such due dates;  if  any  such change in title or possession takes place between such due  dates, the entire pro rata portion of the taxes to which  such  property  is  subject  for  the taxable year pursuant to this section shall become  due and payable and shall become a lien on such property upon such later  due date; if any such transfer of title or possession takes place  after  the later of such due dates, the pro rata portion of taxes to which such  property  is subject for the taxable year pursuant to this section shall  become due and payable and shall become a lien on such property upon the  date of such transfer of title or possession.  If taxes  embracing  such  property  become  due  and  payable  on  more  than  two  dates in equal  installments, and any such change in title  or  possession  takes  place  prior  to the first due date, or between due dates, the pro rata portion  of the first installment or of a subsequent installment affected by such  change, as the case may be, shall  become  due  and  payable  and  shall  become  a  lien  on  such  property  on the due date next following such  change in title or possession,  and  the  remaining  installments  shall  become due and payable and shall become a lien on such property on their  respective  due dates; if any such transfer of title or possession takes  place after the last due date in a taxable year, the pro rata portion of  tax to which such property is subject for the taxable year  pursuant  to  this  section  shall  become  due and payable and shall become a lien on  such property upon the date of such transfer of title or possession.    4.  No right granted by this article to  any  person,  association  or  corporation  to lease or otherwise use for income-producing purposes any  property of such person, association or corporation, without terminatingthe tax exemption of such  property  in  whole  or  in  part,  shall  be  impaired  or  diminished  by this section, but if any change of title or  possession of any property, shall, by virtue of the provisions  of  this  article,  terminate  the  tax exemption of such property, in whole or in  part, the provisions of this section shall apply  with  full  force  and  effect  to the extent that such property shall cease to be tax exempt by  virtue of the provisions of such article.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpt > Article-4 > Title-3 > 494

§  494.    Taxation  of  exempt  property  upon  transfer  of title or  possession in certain instances.   1.   The provisions of  this  section  shall apply only in a city having a population of one million or more.    2.  Whenever any person, association or corporation not entitled to an  exemption  from  taxation  acquires  title  to or possession of property  which is exempt from taxation, such property  shall  immediately  become  subject  to  taxation  and  shall  be  taxed  pro rata for the unexpired  portion of the taxable year.  However, if the United States or the state  of New York, through  the  exercise  of  the  power  of  eminent  domain  acquires  or  shall have acquired temporarily the possession, occupation  or use of real  property  which  was  previously  exempt  from  taxation  pursuant  to former section four of the tax law, such previous exemption  shall be deemed to continue unbroken and to resume from  the  date  when  the  possession shall have been restored to the owner and the previously  exempt use resumed, despite the fact that such property may  be  or  may  have been deemed taxable during the period when the United States or the  state  of  New  York  acquired  or  shall  have  acquired such temporary  possession, occupation or use.    3.  If taxes on any such property  become  due  and  payable  for  the  entire  taxable  year  on a single date, and any such change in title or  possession takes place prior to such due date, the pro rata  portion  of  taxes  imposed  upon such property pursuant to this section shall become  due and payable and shall become a lien upon such property upon such due  date, but if such change in title or possession takes place  after  such  due  date,  such  pro rata portion of taxes shall become due and payable  and shall become a lien upon such property on the date when such  change  in  title  or  possession takes place.  If taxes embracing such property  become due and payable on two dates in equal installments, and any  such  change  in  title or possession takes place prior to the earlier of such  due dates, the pro rata portion of the first  installment  shall  become  due and payable and shall become a lien on such property on such earlier  due date, and the entire second installment shall become due and payable  and shall become a lien on such property on the later of such due dates;  if  any  such change in title or possession takes place between such due  dates, the entire pro rata portion of the taxes to which  such  property  is  subject  for  the taxable year pursuant to this section shall become  due and payable and shall become a lien on such property upon such later  due date; if any such transfer of title or possession takes place  after  the later of such due dates, the pro rata portion of taxes to which such  property  is subject for the taxable year pursuant to this section shall  become due and payable and shall become a lien on such property upon the  date of such transfer of title or possession.  If taxes  embracing  such  property  become  due  and  payable  on  more  than  two  dates in equal  installments, and any such change in title  or  possession  takes  place  prior  to the first due date, or between due dates, the pro rata portion  of the first installment or of a subsequent installment affected by such  change, as the case may be, shall  become  due  and  payable  and  shall  become  a  lien  on  such  property  on the due date next following such  change in title or possession,  and  the  remaining  installments  shall  become due and payable and shall become a lien on such property on their  respective  due dates; if any such transfer of title or possession takes  place after the last due date in a taxable year, the pro rata portion of  tax to which such property is subject for the taxable year  pursuant  to  this  section  shall  become  due and payable and shall become a lien on  such property upon the date of such transfer of title or possession.    4.  No right granted by this article to  any  person,  association  or  corporation  to lease or otherwise use for income-producing purposes any  property of such person, association or corporation, without terminatingthe tax exemption of such  property  in  whole  or  in  part,  shall  be  impaired  or  diminished  by this section, but if any change of title or  possession of any property, shall, by virtue of the provisions  of  this  article,  terminate  the  tax exemption of such property, in whole or in  part, the provisions of this section shall apply  with  full  force  and  effect  to the extent that such property shall cease to be tax exempt by  virtue of the provisions of such article.