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This entry was published on 2014-09-22
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SECTION 253-R
Recording tax imposed by the county of Schenectady
Tax (TAX) CHAPTER 60, ARTICLE 11
§ 253-r. Recording tax imposed by the county of Schenectady. 1.
Schenectady county, acting through its local legislative body, is hereby
authorized and empowered to adopt and amend local laws imposing in such
county a tax of twenty-five cents for each one hundred dollars and each
remaining major fraction thereof of principal debt or obligation which
is or under any contingency may be secured at the date of execution
thereof, or at any time thereafter, by a mortgage on real property
situated within such county and recorded on or after the date upon which
such tax takes effect and a tax of twenty-five cents on such mortgage if
the principal debt or obligation which is or by any contingency may be
secured by such mortgage is less than one hundred dollars.

2. The taxes imposed under the authority of this section shall be
administered and collected in the same manner as the taxes imposed under
subdivision one of section two hundred fifty-three and paragraph (b) of
subdivision one of section two hundred fifty-five of this article.

Except as otherwise provided in this section, all the provisions of
this article relating to or applicable to the administration and
collection of the taxes imposed by such subdivision shall apply to the
taxes imposed under the authority of this section with such
modifications as may be necessary to adapt such language to the tax so
authorized. Such provisions shall apply with the same force and effect
as if those provisions had been set forth in full in this section except
to the extent that any provision is either inconsistent with a provision
of this section or not relevant to the tax authorized by this section.
For purposes of this section, any reference in this article to the tax
or taxes imposed by this article shall be deemed to refer to a tax
imposed pursuant to this section, and any reference to the phrase
"within this state" shall be read as "within Schenectady county", unless
a different meaning is clearly required.

3. Where the real property covered by the mortgage subject to the tax
imposed pursuant to the authority of this section is situated in this
state but within and without the county imposing such tax, the amount of
such tax due and payable to such county shall be determined in a manner
similar to that prescribed in the opening paragraph of section two
hundred sixty of this article which concerns real property situated in
two or more counties. Where such property is situated both within such
county and without the state, the amount due and payable to such county
shall be determined in the manner prescribed in the second undesignated
paragraph of such section two hundred sixty which concerns property
situated within and without the state. Where real property is situated
within and without the county imposing such tax, the recording officer
of the jurisdiction in which the mortgage is first recorded shall be
required to collect the taxes imposed pursuant to this section.

4. A tax imposed pursuant to the authority of this section shall be in
addition to the taxes imposed by section two hundred fifty-three of this
article.

5. Notwithstanding any provision of this article to the contrary, the
balance of all moneys paid to the recording officer of the county of
Schenectady during each month upon account of the tax imposed pursuant
to the authority of this section, after deducting the necessary expenses
of his or her office as provided in section two hundred sixty-two of
this article, except taxes paid upon mortgages which under the
provisions of this section or section two hundred sixty of this article
are first to be apportioned by the commissioner, shall be paid over by
such officer on or before the tenth day of each succeeding month to the
Schenectady county treasurer and, after the deduction by the Schenectady
county treasurer of the necessary expenses of his or her office provided
in section two hundred sixty-two of this article shall be deposited in
the general fund of the county of Schenectady for expenditure on any
county purpose.

Notwithstanding the provisions of the preceding sentence, the tax so
imposed and paid upon mortgages covering real property situated in two
or more counties, which under the provisions of this section or sections
two hundred sixty of this article are first to be apportioned by the
commissioner, shall be paid over by the recording officer receiving the
same as provided by the determination of said commissioner.

6. Each enactment of a local law may provide for the imposition of a
mortgage tax for a period of time no longer than three years from the
date of its enactment. Nothing in this section shall prohibit the
adoption and enactment of local laws, pursuant to the provisions of this
section, upon the expiration of any other local law adopted pursuant to
this section.

7. Any local law imposing a tax pursuant to the authority of this
section or repealing or suspending such a tax shall take effect only on
the first day of a calendar month. Such a local law shall not be
effective unless a certified copy thereof is mailed by registered or
certified mail to the commissioner at the commissioner's office in
Albany at least thirty days prior to the date the local law shall take
effect.

8. Certified copies of any local law described in this section shall
also be filed with the county clerk of the county of Schenectady, the
secretary of state and the state comptroller within five days after the
date it is duly enacted.