2012 New York Consolidated Laws
RPT - Real Property Tax
Article 6 - (600 - 626) ASSESSMENT OF SPECIAL FRANCHISES
626 - Deductions allowed against taxes on special franchises.

 
    § 626. Deductions allowed against taxes on special franchises. 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 commissioner
  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.