Section 520. Assessment and taxation of exempt property upon transfer of title


Latest version.
  • 1. Whenever any person, association or corporation not  otherwise
      entitled  to  an exemption from taxation acquires title to real property
      which is exempt, in whole or in part, from taxation, such property shall
      be immediately subject to taxation and shall be taxed pro rata  for  the
      unexpired portion of any fiscal year during which said transfer of title
      occurred,  and  shall  be  liable  in  full for taxes in any fiscal year
      commencing subsequent to the date  of  transfer,  as  provided  in  this
      section.
        2.  If  within the fiscal year during which a transfer of title occurs
      or within the next succeeding fiscal year, an assessor is made aware  of
      the  fact  that  title  to  real  property  receiving a total or partial
      exemption from taxation has been transferred to a person, corporation or
      association not otherwise entitled to an exemption from taxation, he  or
      she  shall forthwith assess such property at its value as of the date of
      transfer, shall, where appropriate for purposes of article  eighteen  or
      nineteen  of this chapter, reclassify the property, and shall notify the
      new owner of the assessment and of the right of that owner to  a  review
      of  the  assessment and reclassification, if appropriate, as provided by
      title three of article five of this chapter.
        3. For purposes of any fiscal year or years during which title to such
      property is transferred, such property shall  be  deemed  to  have  been
      omitted  and  the  assessed  value  thereof  shall  be  entered  on  the
      assessment roll to be used  for  the  next  tax  levy  by  or  for  each
      municipal  corporation  in  which  such  property is located in the same
      manner as provided by title three of article five of this  chapter  with
      respect  to  a  parcel  omitted from the assessment roll of the previous
      year. A pro rata tax shall be extended  against  the  property  for  the
      unexpired  portion  of  each  fiscal year.   Such real property shall be
      taxed at the tax rate or tax rates for the fiscal year during which  the
      transfer  occurred.   The amount of tax or taxes levied pursuant to this
      subdivision shall be deducted from the aggregate amount of taxes  to  be
      levied for the fiscal year immediately succeeding the fiscal year during
      which the transfer occurred.
        4.  For purposes of any fiscal year commencing on or after the date on
      which title to such property is transferred, if  the  assessor  receives
      notice of such transfer prior to the levy of taxes for said fiscal year,
      the  assessed  value of such property shall be entered on the assessment
      roll to be used for the levy of taxes for said fiscal year in  the  same
      manner  as  provided by title three of article five of this chapter with
      respect to a parcel of property omitted from the assessment roll. If the
      assessor fails to receive notice of such transfer until after  the  levy
      of  taxes  for  said  fiscal  year  or  for any reason fails to add such
      property to the assessment roll as provided  by  this  subdivision,  the
      property  shall  be deemed to have been omitted and shall be assessed as
      provided in subdivision three of this section and  shall  be  liable  in
      full for the taxes levied for said fiscal year.
        5. The provisions of this section shall not apply when the transferred
      property  is  receiving  only  the  school  tax  relief (STAR) exemption
      authorized by section four hundred twenty-five of this chapter,  and  no
      other  exemption.    If the property is receiving the STAR exemption and
      one or more other exemptions, the provisions of this section shall apply
      only to the extent that the property is receiving such  other  exemption
      or exemptions.