Section 494. Taxation of exempt property upon transfer of title or possession in certain instances  


Latest version.
  • 1.   The provisions of  this  section
      shall apply only in a city having a population of one million or more.
        2.  Whenever any person, association or corporation not entitled to an
      exemption  from  taxation  acquires  title  to or possession of property
      which is exempt from taxation, such property  shall  immediately  become
      subject  to  taxation  and  shall  be  taxed  pro rata for the unexpired
      portion of the taxable year.  However, if the United States or the state
      of New York, through  the  exercise  of  the  power  of  eminent  domain
      acquires  or  shall have acquired temporarily the possession, occupation
      or use of real  property  which  was  previously  exempt  from  taxation
      pursuant  to former section four of the tax law, such previous exemption
      shall be deemed to continue unbroken and to resume from  the  date  when
      the  possession shall have been restored to the owner and the previously
      exempt use resumed, despite the fact that such property may  be  or  may
      have been deemed taxable during the period when the United States or the
      state  of  New  York  acquired  or  shall  have  acquired such temporary
      possession, occupation or use.
        3.  If taxes on any such property  become  due  and  payable  for  the
      entire  taxable  year  on a single date, and any such change in title or
      possession takes place prior to such due date, the pro rata  portion  of
      taxes  imposed  upon such property pursuant to this section shall become
      due and payable and shall become a lien upon such property upon such due
      date, but if such change in title or possession takes place  after  such
      due  date,  such  pro rata portion of taxes shall become due and payable
      and shall become a lien upon such property on the date when such  change
      in  title  or  possession takes place.  If taxes embracing such property
      become due and payable on two dates in equal installments, and any  such
      change  in  title or possession takes place prior to the earlier of such
      due dates, the pro rata portion of the first  installment  shall  become
      due and payable and shall become a lien on such property on such earlier
      due date, and the entire second installment shall become due and payable
      and shall become a lien on such property on the later of such due dates;
      if  any  such change in title or possession takes place between such due
      dates, the entire pro rata portion of the taxes to which  such  property
      is  subject  for  the taxable year pursuant to this section shall become
      due and payable and shall become a lien on such property upon such later
      due date; if any such transfer of title or possession takes place  after
      the later of such due dates, the pro rata portion of taxes to which such
      property  is subject for the taxable year pursuant to this section shall
      become due and payable and shall become a lien on such property upon the
      date of such transfer of title or possession.  If taxes  embracing  such
      property  become  due  and  payable  on  more  than  two  dates in equal
      installments, and any such change in title  or  possession  takes  place
      prior  to the first due date, or between due dates, the pro rata portion
      of the first installment or of a subsequent installment affected by such
      change, as the case may be, shall  become  due  and  payable  and  shall
      become  a  lien  on  such  property  on the due date next following such
      change in title or possession,  and  the  remaining  installments  shall
      become due and payable and shall become a lien on such property on their
      respective  due dates; if any such transfer of title or possession takes
      place after the last due date in a taxable year, the pro rata portion of
      tax to which such property is subject for the taxable year  pursuant  to
      this  section  shall  become  due and payable and shall become a lien on
      such property upon the date of such transfer of title or possession.
        4.  No right granted by this article to  any  person,  association  or
      corporation  to lease or otherwise use for income-producing purposes any
      property of such person, association or corporation, without terminating
    
      the tax exemption of such  property  in  whole  or  in  part,  shall  be
      impaired  or  diminished  by this section, but if any change of title or
      possession of any property, shall, by virtue of the provisions  of  this
      article,  terminate  the  tax exemption of such property, in whole or in
      part, the provisions of this section shall apply  with  full  force  and
      effect  to the extent that such property shall cease to be tax exempt by
      virtue of the provisions of such article.