Bill Text: NY A09902 | 2017-2018 | General Assembly | Introduced

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Bill Title: Subjects to taxation the possessory interest of a private individual or corporation which uses real property owned by the United States or the state, except for real property owned by public authorities, for business purposes; excludes private property where the use is for a concession available to the general public located on property, such as parks, available for the use of the general public.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Introduced - Dead) 2018-02-21 - referred to real property taxation [A09902 Detail]

Download: New_York-2017-A09902-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9902
                   IN ASSEMBLY
                                    February 21, 2018
                                       ___________
        Introduced  by M. of A. SKOUFIS -- read once and referred to the Commit-
          tee on Real Property Taxation
        AN ACT to amend the real property tax law, in relation to assessment and
          taxation of lessees and users of certain tax exempt property
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision 12 of section 102 of the real property tax law
     2  is amended by adding a new paragraph (j) to read as follows:
     3    (j) The possessory interest of a private lessee  or  contractor  which
     4  uses  real property owned by the United States or the state of New York,
     5  except real property owned by public  authorities,  where  the  property
     6  would  be  subject  to real property taxation if owned by such lessee or
     7  contractor, except where the use is by way  of  a  concession  which  is
     8  available  for  the use of the general public and is located in or adja-
     9  cent to a public airport, park, market, fairground, road, pier,  marina,
    10  railroad, busline, subway or similar property which is available for the
    11  use of the general public.
    12    §  2. The section heading and subdivision 1 of section 402 of the real
    13  property tax law are amended to read as follows:
    14    United States or state property  held  under  lease  or  contract  [of
    15  sale].   1.   Whenever the legal title of real property is in the United
    16  States, or in the  state  of  New  York,  but  the  use,  occupation  or
    17  possession  thereof  is  in a person, partnership, association or corpo-
    18  ration, or his or its successor in interest, under a lease, contract [of
    19  sale], option or other agreement [whereby a right to acquire  the  prem-
    20  ises through an option, a first privilege or a first refusal is granted,
    21  or whereby upon one or more payments the legal title thereto is to be or
    22  may  be  acquired  by  such  person,  partnership, association or corpo-
    23  ration], such that the interest is a possessory  interest  described  in
    24  paragraph  (j)  of subdivision twelve of section one hundred two of this
    25  chapter, his or its interest in such real property shall be assessed and
    26  taxed [as] for the same amount and to the  same  extent  as  though  the
    27  lessee,  contractor  or  user  were  the owner of such real property and
    28  shall be entered in the assessment roll in the same manner  as  if  such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13628-04-8
        A. 9902                             2
     1  person,  partnership, association or corporation held the legal title to
     2  such property, except for the addition to the description of the proper-
     3  ty of the name of the owner and of the  words  "interest  under  lease",
     4  "interest under contract", "interest under option", or other appropriate
     5  words  descriptive  of  the interest in the property so assessed.  [Such
     6  assessment shall be at the full value of such interest.]
     7    § 3. Subdivision 2 of section 402 of the  real  property  tax  law  is
     8  amended to read as follows:
     9    2.  [The  assessors  shall  add  to  the  assessment roll opposite the
    10  description of any such interest a notation stating that the real  prop-
    11  erty itself so owned by the United States, or by the state, is not to be
    12  taxed.    Every  notice of sale or other process and every conveyance or
    13  other instrument affecting the title to any  such  property,  consequent
    14  upon  the  non-payment  of  any such tax, shall contain a statement that
    15  such legal title is not sold or to be sold or affected] Taxes  shall  be
    16  assessed  to the lessees, contractors or users of such real property and
    17  collected in the same manner as taxes assessed to owners of real proper-
    18  ty, except that such taxes shall not become  a  lien  against  the  real
    19  property  of  the  United  States or of the state of New York. When due,
    20  such taxes shall constitute a  debt  due  and  owing  from  the  lessee,
    21  contractor  or user to the municipal corporation or special district for
    22  which the taxes were levied  and  shall  be  recoverable  by  action  in
    23  supreme court.
    24    §  4.  Section 402 of the real property tax law is amended by adding a
    25  new subdivision 4 to read as follows:
    26    4. Possessory interests, as described in paragraph (j) of  subdivision
    27  twelve of section one hundred two of this chapter, shall only be taxable
    28  as  provided  in  this  section  if  the governing body of the municipal
    29  corporation in which the possessory interests are located, after  public
    30  hearing,  adopts  a  local  law,  ordinance  or resolution so providing,
    31  provided, however, the provisions of this section shall not be  applica-
    32  ble  where  a  possessory  interest  is making payments in lieu of taxes
    33  which payment is equal to the taxes that would be paid had the  property
    34  been  taxable.  Any  such local law, ordinance or resolution shall apply
    35  alike to all possessory interests which are located within the municipal
    36  corporation. Possessory interests in existence on the effective date  of
    37  the  local  law,  ordinance or resolution shall be partially exempt from
    38  taxation for the next succeeding four  years  in  accordance  with  this
    39  section;  provided,  however, that (a) if the lease, contract, option or
    40  other agreement is renegotiated or renewed  and  such  renegotiation  or
    41  renewal becomes effective during those four years, the partial exemption
    42  shall  not  be  available  subsequent  to  the effective date of the new
    43  agreement, and (b) if the lease, contract,  option  or  other  agreement
    44  contains  any  provision  assigning liability between the parties in the
    45  event that real property taxes are imposed, the partial exemption  shall
    46  not  be  available to possessory interests created thereunder. Except in
    47  the instances set forth in  this  subdivision,  for  the  first  taxable
    48  status date occurring subsequent to the effective date of the local law,
    49  ordinance  or  resolution,  taxable possessory interests shall be exempt
    50  from taxation by any municipal  corporation  in  which  located  to  the
    51  extent  of  eighty percent of the assessed value; for the second taxable
    52  status date, to the extent of  sixty  percent;  for  the  third  taxable
    53  status  date, to the extent of forty percent; and for the fourth taxable
    54  status date, to the extent of twenty percent. Notwithstanding any  other
    55  provision  of law in this chapter, possessory interests on parcels which
    56  have been designated as military land shall be fully exempt from  school
        A. 9902                             3
     1  property tax if the school district whereupon such military land parcels
     2  are  situated  receives  Impact  Aid  funds  from the federal government
     3  pursuant to 30 CFR Part 222.
     4    §  5. This act shall take effect on the first of January next succeed-
     5  ing the date on which it shall have become a law.