Assembly Bill A6515

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6515

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 21, 2011
                               ___________

Introduced  by  M. of A. KOLB -- read once and referred to the Committee
  on Real Property Taxation

AN ACT to amend the real property tax law, in  relation  to  authorizing
  the  prepayment  of estimated tax by installment method; and repealing
  certain provisions of such law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Sections 972, 973 and 976 of the real property tax law are
REPEALED and a new section 972 is added to read as follows:
  S  972.  PREPAYMENT  OF  ESTIMATED  TAX  BY  INSTALLMENT  METHOD.   1.
ADOPTION.  NOTWITHSTANDING  ANY PROVISIONS OF THIS CHAPTER, OR ANY OTHER
GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, THE LEGISLATIVE  BODY  OR
LOCAL BOARD OF A COUNTY, CITY, TOWN, VILLAGE, SPECIAL DISTRICT OR SCHOOL
DISTRICT SHALL ALLOW, UNLESS SUCH LAW IS REPEALED BY LOCAL LAW OR RESOL-
UTION,  TAXPAYERS  TO PREPAY BY MONTHLY INSTALLMENTS FOR EACH TAX NOTICE
WITH TAXES ESTIMATED TO BE MORE THAN ONE HUNDRED DOLLARS.
  2. PAYMENT SCHEDULE. A TAXPAYER SHALL  MAKE  PAYMENTS  BASED  UPON  AN
ESTIMATED TAX EQUAL TO THE ACTUAL TAXES LEVIED UPON THE SUBJECT PROPERTY
IN  THE  PRIOR YEAR. MONTHLY INSTALLMENT PAYMENTS SHALL BE MADE BASED ON
THE LOCAL TAXING BODIES' FISCAL YEAR  AND  ACCORDING  TO  THE  FOLLOWING
SCHEDULE:
  (A) MONTHLY PAYMENTS SHALL BE BASED ON ONE-TWELFTH OF THE TOTAL AMOUNT
OF  ESTIMATED  TAXES  AND  SHALL  BE DUE NO LATER THAN THE FIRST OF EACH
MONTH.
  (B) AN ADJUSTMENT MADE PURSUANT  TO  A  DETERMINATION  OF  ACTUAL  TAX
LIABILITY  SHALL  BE APPLIED TO THE TAXPAYERS' MONTHLY INSTALLMENTS UPON
ENACTMENT OF THE LOCAL TAXING BODIES' BUDGET.
  (C) FOR PURPOSES OF THIS SECTION, WHEN AN INSTALLMENT DUE  DATE  FALLS
ON  A  SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DUE DATE FOR THE INSTALL-
MENT SHALL BE THE NEXT WORKING DAY, IF THE INSTALLMENT IS DELIVERED TO A
DESIGNATED COLLECTION OFFICE OF THE TAX COLLECTOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05217-01-1
              

A. 6515                             2

  3. INTEREST. IF AN INSTALLMENT IS NOT PAID ON OR BEFORE THE DATE IT IS
DUE, INTEREST SHALL BE ADDED AS PROVIDED BY SECTION NINE HUNDRED  SEVEN-
TY-FIVE OF THIS TITLE OR SECTION THIRTEEN HUNDRED FORTY OF THIS CHAPTER.
  4.  ELIGIBLE PROPERTY. THE PROGRAM SHALL APPLY TO ALL TYPES OF PROPER-
TY.
  S 2. Subdivision 2 of section 974 of the real  property  tax  law,  as
added by chapter 953 of the laws of 1962, is amended to read as follows:
  2.  Such statement shall recite that such owner may elect, pursuant to
section nine hundred seventy-five of this chapter, to pay the taxes  set
forth  in  the  statement in installments, [as provided in the local law
enacted by the county] pursuant to section nine hundred  seventy-two  of
this [chapter] TITLE.
  S  3.  Subdivision  2  of section 975 of the real property tax law, as
amended by section 13 of part B of chapter 389 of the laws of  1997,  is
amended to read as follows:
  2.    If  the  owner  is  eligible  to  participate in the installment
program, and elects to do so, he or she  shall  pay  to  the  collecting
officer  the amount set forth in such statement and designated as "first
installment".  The amount of each succeeding installment shall  be  paid
to the [county treasurer] COLLECTING OFFICER on or before the date spec-
ified  in [the local law enacted by the county pursuant to] section nine
hundred seventy-two of this [chapter] TITLE.
  S 4. Subdivision 6 of section 975 of the real  property  tax  law,  as
added by chapter 953 of the laws of 1962, is amended to read as follows:
  6.  The  [county] treasurer of a county [which has enacted a local law
pursuant to section nine hundred seventy-two  of  this  chapter],  CITY,
TOWN,  VILLAGE,  SPECIAL  DISTRICT OR SCHOOL DISTRICT may promulgate and
amend suitable rules and regulations prescribing the necessary forms for
carrying into effect the provisions of this title and of  article  thir-
teen of this chapter relating to the installment payment of taxes.
  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.