Section 626. Deductions allowed against taxes on special franchises


Latest version.
  • 1.
      When a tax levied on a special franchise is due in any  assessing  unit,
      if  the  special  franchise  owner  has paid such assessing unit for its
      exclusive use during the  past  year  under  any  agreement  or  statute
      requiring  the  same, a sum based upon a percentage of gross earnings or
      other income, a license fee or other sum of money  on  account  of  such
      special  franchise  possessed  by  such  special  franchise owner, which
      payment was in the nature  of  a  tax,  all  amounts  so  paid  for  the
      exclusive  use of such assessing unit, except money paid or expended for
      paving or repairing the pavement of a street, highway or  public  place,
      and  except  in  a  city having a population of one hundred seventy-five
      thousand or more according to the latest  federal  census,  car  license
      fees  or  tolls paid for the privilege of crossing a bridge owned by the
      city, shall be deducted from the tax based on the assessment made by the
      state board for purposes of the assessing unit, but not  otherwise,  and
      the  remainder  shall  be  the tax on such special franchise payable for
      such purposes.
        2.  The chief fiscal officer or treasurer of a city, the treasurer  of
      a village, the supervisor of a town, or other officer to whom any sum is
      paid  for  which  a  special  franchise  owner  is entitled to credit as
      provided in this section, shall, not less than five nor more than twenty
      days before a tax on a special franchise  is  payable,  deliver  to  the
      collecting  officer of such city, town or village, a certificate showing
      the several amounts which have been paid during the year ending  on  the
      date   set  forth  in  the  certificate.    Upon  the  receipt  of  such
      certificate, the collecting officer shall credit on the tax roll to  the
      special  franchise  owner  the amount stated in such certificate, on any
      tax levied against the special franchise of such special franchise owner
      for city, town or village purposes only.  No credit shall  be  given  on
      account  of  such  payment  or  certificate in any other year, nor for a
      greater sum than the amount of the tax  on  the  special  franchise  for
      city, town or village purposes for the current year.
        3.    Notwithstanding  the foregoing provisions, all sums based upon a
      percentage of gross earnings or any other income, or any license fee, or
      any sum of money on account  of  a  special  franchise,  granted  to  or
      possessed  by  a  railroad company deductible as provided in subdivision
      one of this section shall  be  deducted  from  any  tax  based  upon  an
      assessment  of  the  railroad  real  property  of such railroad company,
      provided, however, that this subdivision shall not apply to  a  commuter
      railroad.   The terms "railroad real property" and "railroad company" as
      used in this subdivision shall have the meanings prescribed  by  section
      four  hundred  eighty-nine-b  of  this  chapter  and  the term "commuter
      railroad" shall have the meaning  prescribed  by  section  four  hundred
      eighty-nine-bb of this chapter.
        4.  Notwithstanding  the  definition in subdivision one of section one
      hundred two of this chapter, all  villages  shall  be  deemed  assessing
      units for purposes of this section.