Legislation
SECTION 1439-KKK*2
Deposit and disposition of revenue
Tax (TAX) CHAPTER 60, ARTICLE 31-A-4*2
* § 1439-kkk. Deposit and disposition of revenue. 1. All taxes,
penalties and interest imposed by the town under the authority of
section fourteen hundred thirty-nine-bbb of this article, which are
collected by the treasurer or the treasurer's agents, shall be deposited
in a single trust fund for the town and shall be kept in trust and
separate and apart from all other monies in possession of the treasurer.
Moneys in such fund shall be deposited and secured in the manner
provided by section ten of the general municipal law. Pending
expenditure from such fund, moneys therein may be invested in the manner
provided in section eleven of the general municipal law. Any interest
earned or capital gain realized on the moneys so deposited or invested
shall accrue to and become part of such fund.
2. The treasurer shall retain such amount as the treasurer may
determine to be necessary for refunds with respect to the tax imposed by
the town, under the authority of section fourteen hundred
thirty-nine-bbb of this article, out of which the treasurer shall pay
any refunds of such taxes to those taxpayers entitled to a refund
pursuant to the provisions of this article.
3. The treasurer, after reserving such refunds, shall on or before the
twelfth day of each month pay to the town supervisor the taxes,
penalties and interest imposed by the town under the authority of
section fourteen hundred thirty-nine-bbb of this article, collected by
the treasurer, pursuant to this article during the next preceding
calendar month. The amount so payable shall be certified to the town
supervisor by the treasurer, who shall not be held liable for any
inaccuracy in such certification. Provided, however, any such
certification may be based on such information as may be available to
the treasurer at the time such certification must be made under this
section. Where the amount so paid over to the town in any such
distribution is more or less than the amount due to the town, the amount
of the overpayment or underpayment shall be certified to the town
supervisor by the treasurer, who shall not be held liable for any
inaccuracy in such certification. The amount of the overpayment or
underpayment shall be so certified to the town supervisor as soon after
the discovery of the overpayment or underpayment as reasonably possible
and subsequent payments and distributions by the treasurer to the town
shall be adjusted by subtracting the amount of any such overpayment from
or by adding the amount of any such underpayment to such number of
subsequent payments and distributions as the treasurer and town
supervisor shall consider reasonable in view of the overpayment or
underpayment and all other facts and circumstances.
4. All monies received from the treasurer shall be deposited in the
fund of the town, pursuant to section sixty-four-l of the town law.
* NB Effective February 19, 2026
* NB Repealed December 31, 2045
* NB There are 2 § 1439-kkk's
penalties and interest imposed by the town under the authority of
section fourteen hundred thirty-nine-bbb of this article, which are
collected by the treasurer or the treasurer's agents, shall be deposited
in a single trust fund for the town and shall be kept in trust and
separate and apart from all other monies in possession of the treasurer.
Moneys in such fund shall be deposited and secured in the manner
provided by section ten of the general municipal law. Pending
expenditure from such fund, moneys therein may be invested in the manner
provided in section eleven of the general municipal law. Any interest
earned or capital gain realized on the moneys so deposited or invested
shall accrue to and become part of such fund.
2. The treasurer shall retain such amount as the treasurer may
determine to be necessary for refunds with respect to the tax imposed by
the town, under the authority of section fourteen hundred
thirty-nine-bbb of this article, out of which the treasurer shall pay
any refunds of such taxes to those taxpayers entitled to a refund
pursuant to the provisions of this article.
3. The treasurer, after reserving such refunds, shall on or before the
twelfth day of each month pay to the town supervisor the taxes,
penalties and interest imposed by the town under the authority of
section fourteen hundred thirty-nine-bbb of this article, collected by
the treasurer, pursuant to this article during the next preceding
calendar month. The amount so payable shall be certified to the town
supervisor by the treasurer, who shall not be held liable for any
inaccuracy in such certification. Provided, however, any such
certification may be based on such information as may be available to
the treasurer at the time such certification must be made under this
section. Where the amount so paid over to the town in any such
distribution is more or less than the amount due to the town, the amount
of the overpayment or underpayment shall be certified to the town
supervisor by the treasurer, who shall not be held liable for any
inaccuracy in such certification. The amount of the overpayment or
underpayment shall be so certified to the town supervisor as soon after
the discovery of the overpayment or underpayment as reasonably possible
and subsequent payments and distributions by the treasurer to the town
shall be adjusted by subtracting the amount of any such overpayment from
or by adding the amount of any such underpayment to such number of
subsequent payments and distributions as the treasurer and town
supervisor shall consider reasonable in view of the overpayment or
underpayment and all other facts and circumstances.
4. All monies received from the treasurer shall be deposited in the
fund of the town, pursuant to section sixty-four-l of the town law.
* NB Effective February 19, 2026
* NB Repealed December 31, 2045
* NB There are 2 § 1439-kkk's