2012 New York Consolidated Laws
PBA - Public Authorities
Article 8 - MISCELLANEOUS AUTHORITIES
Title 30 - (2725 - 2749) WESTERN FINGER LAKES SOLID WASTE MANAGEMENT AUTHORITY
2738 - Exemption from taxes, assessments and certain fees.


NY Pub Auth L § 2738 (2012) What's This?
 
    §  2738.  Exemption from taxes, assessments and certain fees. 1. It is
  hereby determined that the creation of the authority  and  the  carrying
  out  of its corporate purposes is in all respects for the benefit of the
  people of the participating counties and  the  state  and  is  a  public
  purpose and the authority shall be regarded as performing a governmental
  function  in  the exercise of the powers conferred upon it by this title
  and shall not be required to pay  any  taxes  or  assessments  upon  any
  property  acquired  or owned by it or under its jurisdiction, control or
  supervision or upon  its  activities,  income  and  operations,  or  any
  filing,  recording  or transfer fees or taxes in relation to instruments
  filed, recorded or transferred by it or on its behalf. The construction,
  use, occupation or possession of any property owned by the authority  or
  any  participating county, including improvements thereon, by any person
  or public corporation under a lease, lease and  sublease  or  any  other
  agreement   shall  not  operate  to  abrogate  or  limit  the  foregoing
  exemption, notwithstanding that the lessee, user, occupant or person  in
  possession  shall  claim  ownership  for  federal  income  tax purposes.
  Mortgages made or financed, directly or  indirectly,  by  the  authority
  shall  be  exempt  from  the mortgage recording taxes imposed by article
  eleven of the tax law. The authority shall be deemed a public  authority
  for the purposes of section four hundred twelve of the real property tax
  law.
    2.  Any  bonds  issued pursuant to this title together with the income
  therefrom as well as the property of the authority shall be exempt  from
  taxes,  except  for  estate  or  gift  taxes  on such bonds and taxes or
  transfers. The state hereby covenants with the purchasers and  with  all
  subsequent  holders  and  transferees  of  bonds issued by the authority
  pursuant to this title,  in  consideration  of  the  acceptance  of  any
  payment  for  the bonds, that the bonds of the authority issued pursuant
  to this title and the income therefrom and  all  revenues,  moneys,  and
  other  property pledged to secure the payment of such bonds shall at all
  times be free from taxation, except for estate or  gift  taxes  on  such
  bonds and taxes on transfers.

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