Section 1441. Imposition of tax  


Latest version.
  • Notwithstanding any other provisions of
      law to the contrary, the town, acting through its town board, is  hereby
      authorized  and  empowered  to adopt a local law imposing in such town a
      tax on each conveyance of real property or interest  therein  where  the
      consideration  exceeds  five hundred dollars, at the rate of two percent
      of the consideration for such conveyance. Provided,  however,  any  such
      local law imposing, repealing or reimposing such tax shall be subject to
      a mandatory referendum pursuant to section twenty-three of the municipal
      home  rule law. Notwithstanding the foregoing, prior to adoption of such
      local law,  the  town  must  establish  a  community  preservation  fund
      pursuant to section sixty-four-f of the town law. Revenues from such tax
      shall  be deposited in such fund and may be used solely for the purposes
      of such fund. Such local law shall apply to any conveyance occurring  on
      or  after  the first day of a month to be designated by such town board,
      which is not less than sixty days after the enactment of such local law,
      but shall not apply to conveyances made on or after such  date  pursuant
      to  binding  written contracts entered into prior to such date, provided
      that the date of execution of such contract is confirmed by  independent
      evidence  such as the recording of the contract, payment of a deposit or
      other facts and circumstances as determined by the treasurer.
        * NB Repealed December 31, 2025