Search OpenLegislation Statutes
This entry was published on 2014-09-22
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Imposition of tax
* § 1441. Imposition of tax. Notwithstanding any other provisions of
law to the contrary, the town, acting through its town board, is hereby
authorized and empowered to adopt a local law imposing in such town a
tax on each conveyance of real property or interest therein where the
consideration exceeds five hundred dollars, at the rate of two percent
of the consideration for such conveyance. Provided, however, any such
local law imposing, repealing or reimposing such tax shall be subject to
a mandatory referendum pursuant to section twenty-three of the municipal
home rule law. Notwithstanding the foregoing, prior to adoption of such
local law, the town must establish a community preservation fund
pursuant to section sixty-four-f of the town law. Revenues from such tax
shall be deposited in such fund and may be used solely for the purposes
of such fund. Such local law shall apply to any conveyance occurring on
or after the first day of a month to be designated by such town board,
which is not less than sixty days after the enactment of such local law,
but shall not apply to conveyances made on or after such date pursuant
to binding written contracts entered into prior to such date, provided
that the date of execution of such contract is confirmed by independent
evidence such as the recording of the contract, payment of a deposit or
other facts and circumstances as determined by the treasurer.

* NB Repealed December 31, 2025