Authorizes the town of North Hempstead to file applications for a real property tax exemption with the county of Nassau

Summary of provisions

Section one authorizes the assessor of the County of Nassau (who is also the assessor for the Town of North Hempstead) to accept from the Town of North Hempstead an application for exemption for real property taxes pursuant to Real Property Tax Law Section 406 for the 2011-2012 assessment roll with respect to the pro-rata share of the 2010-2011 school taxes and the pro-rata share of the 2011 general taxes; and for the 2011-2012 assessment roll with respect to the 2011-2012 school taxes and the 2012 general taxes, for the parcel located in the Town of North Hempstead and known as section 5, Block 84, Lots 42 and 129 on the Nassau County Land and Tax Map. If accepted, the application shall be reviewed as if it had been received on or before the taxable status date established for such roll, and any exemptions shall be granted for the period of each respective tax year commencing on and after July 21, 2011, the date of acquisition of the property, and continuing to and including the end of each such tax year.

Existing law

Existing law authorizes tax exemptions to be granted after the taxable status date has passed if a bill chaptered authorizing an assessor to accept a late application.

Justification

On July 21, 2011, the Town of North Hempstead, a municipal corporation, acquired property in Port Washington, Town of North Hempstead Nassau County, New York, for municipal purposes, Subsequent to acquiring title, the Town filed an application with the Nassau County Assessor for tax exempt status for the property, and such application has been granted commencing with the 2012-2013 tax roll.

However on July 21, 2011 the date which the Town acquired the subject property, was after the applicable taxable status date for the Nassau County assessment roll for the County and general tax year 2010-2011 and 2011-2012. The Town therefore could not file for and obtain tax exempt status for its property for the tax years for which assessment rolls

already had closed as of the date of acquisition. Accordingly, the property does not qualify for tax exempt status for taxes for the portions of those tax years from July 21, 2011 continuing to the conclusion of each of those respective tax years. This bill would permit the Town to make applications to the assessor for real property tax exemption for the portions of three respective tax years commencing with the July 21, 2011 date of acquisition of the property for continuing until the conclusion of those tax years.

Granting property tax exemption to this institution will be consistent with New York State policy which grants mandatory exemptions pursuant to Real property Tax Law section 420. Taxable status dates are intended to fix the date on which property is valued for assessment purposes" so that all properties are assessed as of the same date. If an institution is properly exempt, its assessment would be academic, as it would not be obligated to pay taxes. However, where an otherwise exempt institution acquires title to property after the taxable status date has passed and the assessment has been fixed, the institution is unable to file a timely exemption application, and therefore is required to pay property taxes which it would not otherwise be required to pay. This legislation would permit the Town of North Hempstead to seek retroactive exempt status for the portions of those tax years for which assessments already were fixed as of the July 21, 2011 acquisition date. None of the purposes of taxable status dates are served by refusing permission to apply for the exemption under the circumstances. The Town has applied for, and received, tax exempt status for this property commencing with the 2012-2013 County assessment roll.

Legislative history

This is a new bill.

Fiscal implications

None to the state.

Effective date

This act shall take effect immediately.