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This entry was published on 2014-09-22
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SECTION 626
Deductions allowed against taxes on special franchises
Real Property Tax (RPT) CHAPTER 50-A, ARTICLE 6
§ 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 commissioner
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.