Legislation

Search OpenLegislation Statutes

This entry was published on 2023-08-04
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1262-B
The Westchester county property tax stabilization and relief act
Tax (TAX) CHAPTER 60, ARTICLE 29, PART 4
* § 1262-b. The Westchester county property tax stabilization and
relief act. Notwithstanding any other provision of law to the contrary:
(a) If the county of Westchester imposes sales and compensating use
taxes pursuant to subdivision (a) of section twelve hundred ten of this
article at the rate of three percent:

(1) The county shall allocate one-half of net collections from such
taxes imposed pursuant to subdivision (a) of section twelve hundred ten
of this article countywide among the cities and towns of the county on
the basis of the ratio which the full valuation of real property in each
city or town bears to the aggregate full valuation of real property in
all cities and towns of the county. Amounts so allocated shall be
credited to each of said cities and towns against the county taxes
levied upon real property in said cities and towns.

(2) The county shall allocate and credit or pay one-third of net
collections from such taxes imposed pursuant to subdivision (a) of
section twelve hundred ten of this article to the area of the county
outside any city imposing sales and compensating use taxes at a rate of
one and one-half percent or greater pursuant to the authority of
subdivision (a) or at any rate pursuant to the authority of subdivision
(b) of section twelve hundred ten of this article as follows:

(A) One-third of such net collections shall be allocated and credited
in the manner set forth in paragraph one of this subdivision.

(B) One-sixth of such net collections shall be allocated and paid
quarterly by the county commissioner of finance, in cash, to the several
school districts in such area of the county outside any such city
imposing sales and compensating use taxes. Such allocation and payment,
to such several school districts, shall be made on the basis of the
ratio which the population of each such school district bears to the
aggregate population of all of the school districts in such area. In the
case of school districts which are partially within and partially
without the county, or partially within or partially without the area of
the county outside a city imposing sales and compensating use taxes, the
allocation and payment to each such school district shall be made on the
basis of the population in such school district in the county, or in
such area of the county outside a city imposing sales and compensating
use taxes, as the case may be. Such populations shall be determined in
accordance with the latest federal census or special population census
under section twenty of the general municipal law completed and
published prior to the end of the quarter in which such allocation and
payment are made, which special population census shall include the
entire area of the county; provided that such special population census
shall not be taken more than once in every two years. A school district
split between Westchester county and another county shall apply such
allocation and payment solely to the benefit of the residents of the
county in which the sales and compensating use taxes are imposed.

(C) One-half of such net collections shall be allocated and paid
quarterly by the county commissioner of finance, in cash, to the cities
not imposing sales and compensating use taxes and to the towns and
villages on which such rate is imposed, on the basis of the ratio which
the population of each such city, town or village on which such rate is
imposed bears to the entire population of all such cities, towns and
villages in the area on which such rate is imposed. Such populations
shall be determined in accordance with the latest federal census or
special population census under section twenty of the general municipal
law completed and published prior to the end of the quarter in which
such allocation is made, which special population census shall include
the entire area of the county; provided that such special population
census shall not be taken more than once in every two years.

(D) The quarterly allocation and payment of cash to cities, towns,
villages and school districts provided for under this paragraph and
under paragraph three of this subdivision and under subdivision (b) of
this section may be made after payment by the state comptroller to the
county of the net collections subject to such allocation and receipt by
the county commissioner of finance of the quarterly settlement report
issued by the department, and may include adjustments for corrections
applicable to such allocations. All ratios established by the county
commissioner of finance with respect to allocations to cities, towns,
villages and school districts under this subdivision and under
subdivision (b) of this section shall be carried to four decimal places.
The allocation of net collections and payment of cash provided for under
this paragraph and under paragraph three of this subdivision and under
subdivision (b) of this section shall be made to a town based upon the
population of the town less the population of any village therein,
provided that a town/village or village/town shall be deemed a village
for the purpose of determining such allocation. The allocation of net
collections and payment of cash provided for under this paragraph and
under paragraph three of this subdivision and under subdivision (b) of
this section shall be applied by the cities, towns, villages and school
districts receiving such allocation and payment as a credit against the
taxes upon real property imposed by such municipalities and school
districts, respectively. The allocation and payment received by towns
shall be credited against real property taxes in either the general fund
town-wide or the town outside village fund or a combination thereof.

(3) The county shall allocate and credit or pay one-sixth of net
collections from such taxes imposed pursuant to subdivision (a) of
section twelve hundred ten of this article to the area of the county
outside any city imposing sales and compensating use taxes at a rate of
one and one-half percent or greater pursuant to the authority of
subdivision (a) or at any rate pursuant to the authority of subdivision
(b) of section twelve hundred ten of this article as follows:

(A) Seventy percent of such net collections shall be retained by the
county to be used for any county purpose.

(B) Ten percent of such net collections shall be allocated and paid in
the manner set forth in subparagraph (B) of paragraph two of this
subdivision.

(C) Twenty percent of such net collections shall be allocated and paid
in the manner set forth in subparagraph (C) of paragraph two of this
subdivision.

(b) If the county of Westchester imposes the additional one percent
rate of sales and compensating use tax authorized by clause forty-two of
subparagraph (i) of the opening paragraph of section twelve hundred ten
of this article, the county shall allocate and credit or pay net
collections from such additional one percent rate in the manner set
forth in paragraph three of subdivision (a) of this section with respect
to the area of the county outside any city imposing sales and
compensating use taxes at a rate of one and one-half percent or greater
pursuant to the authority of subdivision (a) of section twelve hundred
ten of this article or at any rate pursuant to the authority of
subdivision (b) of section twelve hundred ten of this article.

(c) Nothing in this section shall be construed to impair the powers of
a city currently imposing sales and compensating use taxes pursuant to
the authority of section twelve hundred ten of this article from
continuing to do so in accordance with law. No school district in any
city imposing such sales and compensating use taxes shall be entitled to
receive a cash allocation and payment under paragraph two or three of
subdivision (a) or under subdivision (b) of this section. No city, town
or village authorized or entitled to receive an allocation under
subparagraph (C) of paragraph two or subparagraph (C) of paragraph three
of subdivision (a) or under subdivision (b) of this section shall be
authorized or entitled to receive any cash allocation under section
twelve hundred sixty-two of this article.

* NB Expires November 30, 2025