State Codes and Statutes

Statutes > New-york > Rpt > Article-6 > 626

§  626.    Deductions allowed against taxes on special franchises.  1.  When a tax levied on a special franchise is due in any  assessing  unit,  if  the  special  franchise  owner  has paid such assessing unit for its  exclusive use during the  past  year  under  any  agreement  or  statute  requiring  the  same, a sum based upon a percentage of gross earnings or  other income, a license fee or other sum of money  on  account  of  such  special  franchise  possessed  by  such  special  franchise owner, which  payment was in the nature  of  a  tax,  all  amounts  so  paid  for  the  exclusive  use of such assessing unit, except money paid or expended for  paving or repairing the pavement of a street, highway or  public  place,  and  except  in  a  city having a population of one hundred seventy-five  thousand or more according to the latest  federal  census,  car  license  fees  or  tolls paid for the privilege of crossing a bridge owned by the  city, shall be deducted from the tax based on the assessment made by the  state board for purposes of the assessing unit, but not  otherwise,  and  the  remainder  shall  be  the tax on such special franchise payable for  such purposes.    2.  The chief fiscal officer or treasurer of a city, the treasurer  of  a village, the supervisor of a town, or other officer to whom any sum is  paid  for  which  a  special  franchise  owner  is entitled to credit as  provided in this section, shall, not less than five nor more than twenty  days before a tax on a special franchise  is  payable,  deliver  to  the  collecting  officer of such city, town or village, a certificate showing  the several amounts which have been paid during the year ending  on  the  date   set  forth  in  the  certificate.    Upon  the  receipt  of  such  certificate, the collecting officer shall credit on the tax roll to  the  special  franchise  owner  the amount stated in such certificate, on any  tax levied against the special franchise of such special franchise owner  for city, town or village purposes only.  No credit shall  be  given  on  account  of  such  payment  or  certificate in any other year, nor for a  greater sum than the amount of the tax  on  the  special  franchise  for  city, town or village purposes for the current year.    3.    Notwithstanding  the foregoing provisions, all sums based upon a  percentage of gross earnings or any other income, or any license fee, or  any sum of money on account  of  a  special  franchise,  granted  to  or  possessed  by  a  railroad company deductible as provided in subdivision  one of this section shall  be  deducted  from  any  tax  based  upon  an  assessment  of  the  railroad  real  property  of such railroad company,  provided, however, that this subdivision shall not apply to  a  commuter  railroad.   The terms "railroad real property" and "railroad company" as  used in this subdivision shall have the meanings prescribed  by  section  four  hundred  eighty-nine-b  of  this  chapter  and  the term "commuter  railroad" shall have the meaning  prescribed  by  section  four  hundred  eighty-nine-bb of this chapter.    4.  Notwithstanding  the  definition in subdivision one of section one  hundred two of this chapter, all  villages  shall  be  deemed  assessing  units for purposes of this section.

State Codes and Statutes

Statutes > New-york > Rpt > Article-6 > 626

§  626.    Deductions allowed against taxes on special franchises.  1.  When a tax levied on a special franchise is due in any  assessing  unit,  if  the  special  franchise  owner  has paid such assessing unit for its  exclusive use during the  past  year  under  any  agreement  or  statute  requiring  the  same, a sum based upon a percentage of gross earnings or  other income, a license fee or other sum of money  on  account  of  such  special  franchise  possessed  by  such  special  franchise owner, which  payment was in the nature  of  a  tax,  all  amounts  so  paid  for  the  exclusive  use of such assessing unit, except money paid or expended for  paving or repairing the pavement of a street, highway or  public  place,  and  except  in  a  city having a population of one hundred seventy-five  thousand or more according to the latest  federal  census,  car  license  fees  or  tolls paid for the privilege of crossing a bridge owned by the  city, shall be deducted from the tax based on the assessment made by the  state board for purposes of the assessing unit, but not  otherwise,  and  the  remainder  shall  be  the tax on such special franchise payable for  such purposes.    2.  The chief fiscal officer or treasurer of a city, the treasurer  of  a village, the supervisor of a town, or other officer to whom any sum is  paid  for  which  a  special  franchise  owner  is entitled to credit as  provided in this section, shall, not less than five nor more than twenty  days before a tax on a special franchise  is  payable,  deliver  to  the  collecting  officer of such city, town or village, a certificate showing  the several amounts which have been paid during the year ending  on  the  date   set  forth  in  the  certificate.    Upon  the  receipt  of  such  certificate, the collecting officer shall credit on the tax roll to  the  special  franchise  owner  the amount stated in such certificate, on any  tax levied against the special franchise of such special franchise owner  for city, town or village purposes only.  No credit shall  be  given  on  account  of  such  payment  or  certificate in any other year, nor for a  greater sum than the amount of the tax  on  the  special  franchise  for  city, town or village purposes for the current year.    3.    Notwithstanding  the foregoing provisions, all sums based upon a  percentage of gross earnings or any other income, or any license fee, or  any sum of money on account  of  a  special  franchise,  granted  to  or  possessed  by  a  railroad company deductible as provided in subdivision  one of this section shall  be  deducted  from  any  tax  based  upon  an  assessment  of  the  railroad  real  property  of such railroad company,  provided, however, that this subdivision shall not apply to  a  commuter  railroad.   The terms "railroad real property" and "railroad company" as  used in this subdivision shall have the meanings prescribed  by  section  four  hundred  eighty-nine-b  of  this  chapter  and  the term "commuter  railroad" shall have the meaning  prescribed  by  section  four  hundred  eighty-nine-bb of this chapter.    4.  Notwithstanding  the  definition in subdivision one of section one  hundred two of this chapter, all  villages  shall  be  deemed  assessing  units for purposes of this section.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpt > Article-6 > 626

§  626.    Deductions allowed against taxes on special franchises.  1.  When a tax levied on a special franchise is due in any  assessing  unit,  if  the  special  franchise  owner  has paid such assessing unit for its  exclusive use during the  past  year  under  any  agreement  or  statute  requiring  the  same, a sum based upon a percentage of gross earnings or  other income, a license fee or other sum of money  on  account  of  such  special  franchise  possessed  by  such  special  franchise owner, which  payment was in the nature  of  a  tax,  all  amounts  so  paid  for  the  exclusive  use of such assessing unit, except money paid or expended for  paving or repairing the pavement of a street, highway or  public  place,  and  except  in  a  city having a population of one hundred seventy-five  thousand or more according to the latest  federal  census,  car  license  fees  or  tolls paid for the privilege of crossing a bridge owned by the  city, shall be deducted from the tax based on the assessment made by the  state board for purposes of the assessing unit, but not  otherwise,  and  the  remainder  shall  be  the tax on such special franchise payable for  such purposes.    2.  The chief fiscal officer or treasurer of a city, the treasurer  of  a village, the supervisor of a town, or other officer to whom any sum is  paid  for  which  a  special  franchise  owner  is entitled to credit as  provided in this section, shall, not less than five nor more than twenty  days before a tax on a special franchise  is  payable,  deliver  to  the  collecting  officer of such city, town or village, a certificate showing  the several amounts which have been paid during the year ending  on  the  date   set  forth  in  the  certificate.    Upon  the  receipt  of  such  certificate, the collecting officer shall credit on the tax roll to  the  special  franchise  owner  the amount stated in such certificate, on any  tax levied against the special franchise of such special franchise owner  for city, town or village purposes only.  No credit shall  be  given  on  account  of  such  payment  or  certificate in any other year, nor for a  greater sum than the amount of the tax  on  the  special  franchise  for  city, town or village purposes for the current year.    3.    Notwithstanding  the foregoing provisions, all sums based upon a  percentage of gross earnings or any other income, or any license fee, or  any sum of money on account  of  a  special  franchise,  granted  to  or  possessed  by  a  railroad company deductible as provided in subdivision  one of this section shall  be  deducted  from  any  tax  based  upon  an  assessment  of  the  railroad  real  property  of such railroad company,  provided, however, that this subdivision shall not apply to  a  commuter  railroad.   The terms "railroad real property" and "railroad company" as  used in this subdivision shall have the meanings prescribed  by  section  four  hundred  eighty-nine-b  of  this  chapter  and  the term "commuter  railroad" shall have the meaning  prescribed  by  section  four  hundred  eighty-nine-bb of this chapter.    4.  Notwithstanding  the  definition in subdivision one of section one  hundred two of this chapter, all  villages  shall  be  deemed  assessing  units for purposes of this section.