2012 New York Consolidated Laws
TAX - Tax
Article 11 - (250 - 267) TAX ON MORTGAGES
261 - Payment over and distribution of taxes.

 
    §  261.  Payment over and distribution of taxes. 1. The balance of all
  moneys paid to the recording officer of each county  during  each  month
  upon account of the additional taxes imposed pursuant to subdivision two
  of  section two hundred fifty-three of this article, 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 section two hundred sixty of this  article
  are  first  to be apportioned by the commissioner, shall be paid over by
  him or her on or before the  tenth  day  of  each  succeeding  month  as
  follows:  (a) with respect to those counties comprising the metropolitan
  commuter transportation  district,  as  defined  by  the  provisions  of
  section  twelve  hundred sixty-two of the public authorities law, to the
  metropolitan transportation authority to be  applied  in  any  authority
  fiscal  year  beginning  on  or  after  January  first, nineteen hundred
  eighty-seven  (i)  first,  to  meet  the  general,  administrative   and
  operating  expenses  of  the authority net of reimbursements, recoveries
  and adjustments, not including the expenses of any subsidiaries  thereof
  which  operate  any  transportation  facility,  (ii)  second,  from  any
  remaining revenues, fifty-five per centum of such revenues shall be paid
  by the metropolitan transportation authority to the transit  account  of
  the   metropolitan  transportation  authority  special  assistance  fund
  established  by  section  twelve  hundred  seventy-a   of   the   public
  authorities  law; and (iii) the remaining forty-five per centum shall be
  paid by  the  metropolitan  transportation  authority  to  the  commuter
  railroad  account  of  the metropolitan transportation authority special
  assistance fund established by section twelve hundred seventy-a  of  the
  public  authorities  law;  (b) with respect to those counties comprising
  the  Niagara  Frontier  transportation  district,  as  defined  by   the
  provisions  of  section  twelve  hundred  ninety-nine-b  of  the  public
  authorities law, to the Niagara Frontier transportation  authority;  (c)
  with respect to those counties comprising the Rochester-Genesee regional
  transportation  district, as defined by the provisions of section twelve
  hundred  ninety-nine-cc  of  the  public   authorities   law,   to   the
  Rochester-Genesee Regional Transportation Authority; (d) with respect to
  those  counties comprising the capital district transportation district,
  as defined by the provisions of section  thirteen  hundred  two  of  the
  public   authorities   law,   to  the  capital  district  transportation
  authority; (e) with respect to those counties comprising the central New
  York regional transportation district, as defined by the  provisions  of
  section  thirteen hundred twenty-seven of the public authorities law, to
  the central New York regional transportation authority; (f) with respect
  to the county of Dutchess or the county  of  Orange  or  the  county  of
  Rockland  if  any  such  county withdraws from the metropolitan commuter
  transportation   district   pursuant   to   section    twelve    hundred
  seventy-nine-b  of  the  public authorities law and does not suspend the
  imposition of such additional tax,  to  the  county  treasurer  of  such
  county  if  such  county provides that the moneys shall be used for mass
  transportation purposes but, if any such county which so  withdraws  and
  which  does  not  so  suspend  does  not  so provide, to the comptroller
  pursuant to paragraph (p) of this subdivision; * (g) with respect to the
  counties of Washington and Warren,  to  the  county  treasurer  of  such
  county  to  be  used  to  pay  for any and all expenses incurred by such
  counties for the support of community colleges pursuant to  article  one
  hundred  twenty-six  of the education law; with respect to the county of
  Essex, to the county treasurer of such county to be used to pay for  any
  and  all  expenses  incurred  by such county for county office and court
  facility projects and, after all such expenses are paid, for any and all

  expenses incurred by such county  for  county  correctional  and  public
  safety facility projects;
    * NB Effective until December 1, 2015
    * (g)  with  respect  to the counties of Washington and Warren, to the
  county treasurer of such county to be  used  to  pay  for  any  and  all
  expenses incurred by such counties for the support of community colleges
  pursuant  to  article  one hundred twenty-six of the education law; with
  respect to the county of Essex, to the county treasurer of  such  county
  to  be  used to pay for any and all expenses incurred by such county for
  county office and court facility projects;
    * NB Effective December 1, 2015
  (h) with respect to the county of Franklin, to the county  treasurer  of
  such  county to be used to pay for any and all expenses incurred by such
  county for county office and county correctional facility projects;  (i)
  with  respect  to the county of Clinton, to the county treasurer of such
  county to be used to pay for any  and  all  expenses  incurred  by  such
  county  for  county  office  and other county capital projects; (j) with
  respect to the county of Chautauqua, to the  county  treasurer  of  such
  county  to  be  used  to  pay  for any and all expenses incurred by such
  county for county correctional facility and court facility projects, and
  debt service thereon, including but not  limited  to,  related  heating,
  ventilation,  air-conditioning  and parking infrastructure upgrades; (k)
  with respect to the county of Allegany, to the county treasurer of  such
  county  for deposit into the general fund of the county of Allegany; (l)
  with respect to the county of Schuyler, to the county treasurer of  such
  county  to  be  used  to  pay  for any and all expenses incurred by such
  county for the support of community colleges  pursuant  to  article  one
  hundred  twenty-six of the education law; (m) with respect to the county
  of Delaware, to the county treasurer of such county to be  used  to  pay
  for  the  cost  of  the  county  correctional facility and public safety
  building complex and the county composting facility; * (n) with  respect
  to  the  county  of  Fulton,  to the county treasurer of such county for
  deposit into the general fund of the county of Fulton;
    * NB Repealed November 30, 2013
  (o) with respect to the county of Steuben, to the  county  treasurer  of
  such  county for deposit into the general fund of the county of Steuben;
  (p)  with  respect  to  the  remaining  counties  of  the  state  except
  Cattaraugus  county  which  have  not  suspended  the imposition of such
  additional tax pursuant  to  subdivision  two  of  section  two  hundred
  fifty-three of this article, to the comptroller to be paid by him or her
  into  the  general fund in the state treasury to the credit of the state
  purposes account; provided that  money  paid  to  the  comptroller  with
  respect  to  any  such  remaining  county  in  which on the date of such
  payment any mass transportation, airport or aviation, municipal historic
  site, municipal park, community mental health and retardation  facility,
  or   sewage  treatment  capital  project  is  being  carried  out  by  a
  municipality with state aid, or  for  which  state  aid  will  be  paid,
  pursuant  to  the  provisions  of  title  one  of  chapter seven hundred
  seventeen of the laws of nineteen hundred sixty-seven, section 17.05  of
  the  parks,  recreation  and historic preservation law, section 41.18 of
  the  mental  hygiene  law,  or  section  17-1903  of  the  environmental
  conservation  law, shall be applied by him or her to increase the amount
  of aid for which the state is obligated in respect to  such  project  on
  such  date,  provided  that  any  such  increase  in  state aid may not,
  together with any federal funds paid or to be paid  on  account  of  the
  cost of such project, exceed the total cost thereof, and where more than
  one  such  capital project is being carried out on such date within such
  county, the application of such  monies  by  the  comptroller  shall  be

  pro-rated  among  such  municipalities  on  the  basis of the respective
  amounts of state aid which are so obligated on such date; and  (q)  with
  respect  to  the county of Cattaraugus, to the comptroller to be paid by
  him  or her into the general fund in the state treasury to the credit of
  the state purposes account for  the  construction  of  a  county  office
  building  and  a  county  department of public works office building, or
  debt service thereon being carried out by the county of  Cattaraugus  up
  to  but not exceeding the total cost for such county office building and
  county department of public works building, or debt service thereon less
  the amount of any state aid or federal funds  paid  or  to  be  paid  on
  account  of  such  project  or debt service thereon. Notwithstanding the
  provisions of the preceding sentence, additional taxes  so  imposed  and
  paid  upon  mortgages  covering  real  property  situated in two or more
  counties, which under the provisions of 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.
    If and to the extent that either metropolitan transportation authority
  or  Niagara  Frontier  transportation  authority  or   Rochester-Genesee
  regional  transportation  authority  or  capital district transportation
  authority or central New York regional  transportation  authority  shall
  certify  that the proceeds of such additional tax received by it for any
  calendar year subsequent to nineteen hundred sixty-nine are in excess of
  its needs, present  and  projected,  and  of  those  of  its  subsidiary
  corporations, such excess shall be paid over at the end of such calendar
  year  to  the  comptroller  for  payment or application by him or her in
  accordance with the provisions of paragraph (p) of the opening paragraph
  of this subdivision. For the  purposes  of  such  application  any  such
  excess shall be allocated among the counties comprising a transportation
  district in the same proportion that their respective recording officers
  paid  over  additional  taxes hereunder during the whole of the calendar
  year which is  the  subject  of  the  certification.  For  the  counties
  comprising  the  city of New York, any such application shall be for the
  benefit of such city.
    2. The balance of all moneys paid to the  recording  officer  of  each
  county  during  each  month upon account of the special additional taxes
  imposed pursuant to subdivision one-a of section two hundred fifty-three
  of this chapter, after deducting the necessary expenses of his office as
  provided in section  two  hundred  sixty-two,  except  taxes  paid  upon
  mortgages  which  under  the provisions of section two hundred sixty are
  first to be apportioned by the tax commission, shall be paid over by him
  on or before the tenth day of each succeeding month to the state of  New
  York  mortgage  agency  created  pursuant  to title seventeen of article
  eight of the public authorities law for deposit to  the  credit  of  the
  mortgage  insurance  fund created pursuant to such title, and (i) except
  that with respect to mortgages recorded on and after May first, nineteen
  hundred eighty-seven, the balance of all moneys  paid  upon  account  of
  such  special  additional  taxes  during  each  month  to  the recording
  officers  of  the  counties   comprising   the   metropolitan   commuter
  transportation  district, as defined by section twelve hundred sixty-two
  of the public  authorities  law,  on  mortgages  of  any  real  property
  principally  improved  or  to  be improved by a structure containing six
  residential dwelling units or less  with  separate  cooking  facilities,
  after  the  deduction  of such expenses, shall be paid over by him on or
  before the tenth day  of  each  succeeding  month  to  the  metropolitan
  transportation  authority  for  deposit  in the corporate transportation
  account of  the  metropolitan  transportation  special  assistance  fund
  established   by   section   twelve  hundred  seventy-a  of  the  public

  authorities law, and (ii) except that with respect to mortgages recorded
  on and after May first, nineteen hundred eighty-seven,  the  balance  of
  all  moneys  paid  upon  account of such special additional taxes during
  each  month to the recording officers of the county of Erie on mortgages
  of any real property  principally  improved  or  to  be  improved  by  a
  structure  containing  six  residential  dwelling  units  or  less  with
  separate cooking facilities, after the deduction of such expenses, shall
  be paid over by him on or before the tenth day of each succeeding  month
  to  the  Niagara  Frontier transportation authority. Notwithstanding the
  provisions of the preceding sentence, the special  additional  taxes  so
  imposed  and  paid upon mortgages covering real property situated in two
  or more counties, which under the  provisions  of  section  two  hundred
  sixty  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.
    3.  On  or before the tenth day of each month the recording officer of
  each county shall pay over to the county treasurer of said  county,  and
  in  the  counties  of New York, Kings, Queens, Richmond and Bronx to the
  commissioner of finance of the city  of  New  York  for  credit  to  the
  general fund of such city, the balance of the moneys received during the
  preceding  month  upon  account  of  taxes  paid to him or her as herein
  prescribed, 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  section  two
  hundred  sixty  of  this  article  are  first  to  be apportioned by the
  commissioner,  which  taxes  and  money  shall  be  paid  over  by   the
  commissioner  of  finance  of  the  city  of New York as provided by the
  determination of the commissioner. In each county not within the city of
  New York, the whole of  the  net  amount  of  such  balance,  after  the
  deduction  by  the  county treasurer of the necessary expenses of his or
  her office provided in section two hundred sixty-two  of  this  article,
  shall  be held by him or her and shall be allocated to the tax districts
  of the county according to the location of the real property covered  by
  the respective mortgages upon which the tax was collected. The recording
  officer and county treasurer shall prepare a joint semi-annual report on
  or before May fifteenth and on or before November fifteenth in each year
  showing the amounts to be credited to each tax district of the county of
  the  moneys collected under this article during the preceding periods of
  six months each which  ended  respectively  on  March  thirty-first  and
  September   thirtieth.  Such  report  shall  be  made  in  duplicate  in
  accordance with the rules and regulations of the commissioner and  filed
  with  the  clerk  of  the board of supervisors and the commissioner. The
  board of supervisors, on or before the fifteenth day of June and  on  or
  before  the  fifteenth  day  of  December  in each year, shall issue its
  warrant for the payment to the respective tax districts of  the  amounts
  so  credited,  provided,  however,  that  in  a  county  in which a town
  contains within its limits an incorporated village, or portion  thereof,
  the  board of supervisors shall apportion to such village so much of the
  share credited to the town as the assessed  value  of  said  village  or
  portion thereof bears to twice the total assessed valuation of the town,
  and provided, further, that, at the option of the governing board of the
  county,  the county may instead prepare and file such a joint report and
  make such payments on a monthly or quarterly  basis.  Where  the  county
  elects  to  make  monthly  payments,  the  recording  officer and county
  treasurer shall prepare a joint report on or before the fifteenth day of
  each month showing the amounts to be credited to each  tax  district  of
  the  county  and  the  moneys collected under this article for the month
  preceding  the  most  recently  concluded  month,  and  the   board   of

  supervisors  shall  issue  its  warrant  for  payment  on  or before the
  fifteenth day of the following month. Where the county  elects  to  make
  quarterly  payments,  the  recording  officer and county treasurer shall
  prepare  such  a  joint  report  on  or before the fifteenth day of May,
  August, November, and February, showing the amounts to  be  credited  to
  each  tax  district of the county of moneys collected under this article
  for the preceding three-month period  ending  March  thirty-first,  June
  thirtieth,  September thirtieth, and December thirty-first, respectively
  and the board of supervisors shall issue its warrant for payment  on  or
  before  the  fifteenth  day  of  June,  September,  December, and March,
  respectively. The warrant shall direct payment to the city treasurer  of
  the  amount  due  the city, to the town supervisor of the amount due the
  town, and to the village treasurer of the amount to  which  the  village
  shall  be  entitled.  Mortgage  tax moneys allotted to cities, towns and
  villages shall be  applied  to  the  payment  of  the  general  expenses
  thereof.  The  commissioner shall prescribe the method of adjustment and
  correction of errors heretofore or hereafter made in the distribution of
  moneys collected under this article.