S T A T E O F N E W Y O R K
________________________________________________________________________
9503
I N A S S E M B L Y
January 7, 2010
___________
Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the tax law, in relation to increasing mortgage record-
ing taxes for certain counties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 2 of section 253 of the tax
law, as amended by section 2 of part A of chapter 63 of the laws of
2005, is amended to read as follows:
(a) In addition to the taxes imposed by subdivisions one and one-a of
this section, there shall be imposed on each mortgage of real property
situated within the state recorded on or after the first day of July,
nineteen hundred sixty-nine, an additional tax of [twenty-five] FIFTY
cents for counties outside of the metropolitan commuter transportation
district, as defined pursuant to section twelve hundred sixty-two of the
public authorities law, and thirty cents for counties within such metro-
politan commuter transportation district for each one hundred dollars
and each remaining major fraction thereof of principal debt or obli-
gation which is, or under any contingency may be secured at the date of
execution thereof or at any time thereafter by such mortgage, saving and
excepting the first ten thousand dollars of such principal debt or obli-
gation in any case in which the related mortgage is of real property
principally improved or to be improved by a one or two family residence
or dwelling. All the provisions of this article shall apply with
respect to the additional tax imposed by this subdivision to the same
extent as if it were imposed by [the said] subdivision one of this
section, except as otherwise expressly provided in this article. The
imposition of this additional tax on mortgages recorded in a county
outside the city of New York, other than one of the counties from time
to time comprising the metropolitan commuter transportation district,
the Niagara Frontier transportation district, the Rochester-Genesee
transportation district, the capital district transportation district or
the central New York regional transportation district may be suspended
for a specified period of time or without limitation as to time by a
local law, ordinance or resolution duly adopted by the local legislative
body of such county.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15212-01-0