Section 253-J*4. Recording tax imposed by the county of Schoharie  


Latest version.
  • 1.
      Schoharie 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  subdivisions 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 Schoharie 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  first  undesignated 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
      Schoharie 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 treasurer of
      Schoharie county and, after the  deduction  by  such  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   Schoharie   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 section
      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. 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.
        7. Certified copies of any local law described in this  section  shall
      also  be  filed  with  the  county clerk of the county of Schoharie, the
      secretary of state and the state comptroller within five days after  the
      date it is duly enacted.
        * NB Repealed December 1, 2011
        * NB There are 4 § 253-j's