This bill has been amended

Bill S3993-2013

Sets a 7 year limit to the real property tax exemption for unimproved property of mandatory class nonprofit organizations

Sets a 7-year limit to the real property tax exemption for unimproved property of mandatory class nonprofit organizations.

Details

Actions

  • Jan 8, 2014: REFERRED TO LOCAL GOVERNMENT
  • Mar 4, 2013: REFERRED TO LOCAL GOVERNMENT

Memo

BILL NUMBER:S3993

TITLE OF BILL: An act to amend the real property tax law, in relation to the duration of the exemption for property of mandatory class nonprofit organizations by reason of the absence of suitable buildings or improvements thereon if construction of such buildings or improvements is in progress or is in good faith contemplated

PURPOSE:

To establish stricter standards for non-profit organizations that purchase land and file an application for municipal real property exemption. The purpose of this bill is to ensure that properties exempt from real property taxes are being used in a manner that supports the specific exemption granted.

SUMMARY OF PROVISIONS:

Section 1: Amends Real Property Law section 420-a (3) to permit a non-profit organizations that purchase real property that is on the tax rolls to obtain a real property exemption if such organization within 7 years after such property is acquired constructs buildings or other capital improvements or is in good faith contemplating such construction to further its charitable purposes.

EXISTING LAW:

Under current law, if a non-profit organization purchases property that is on the tax rolls, such organization can obtain an exemption from real property taxes if the construction of buildings or other improvements are in progress or are in "good faith" contemplated. This bill tightens qualifications for obtaining tax exempt status by requiring that buildings or improvements must be constructed to further the organization's charitable purpose within 7 years of purchasing such Property.

JUSTIFICATION:

Under current law, non-profit charitable organizations can purchase land as an investment vehicle and then obtain the real property's tax exempt status (to the detriment of the local taxing authority) without realistically contemplating the satisfaction of the requirement that the property is used in the furtherance of the organizations' charitable mission. This bill amends the law so that only properties that are truly acquired to further an organization's charitable purpose are granted tax exempt status. If 7 years after the acquisition of the parcel, the charitable organization has not commenced activities to further the charitable purpose, then such land will be placed back on the tax rolls.

LEGISLATIVE HISTORY:

2011-2012: A499 Held in Real Property Taxation 2009-2010: A981 Referred to Real Property Taxation/S670 Referred to Local Government 2007-2008: Al259 Referred to Real Property Taxation/S529 Referred to Local Government

200--2006: A9020 Referred to Real Property Taxation/S4714 Referred to Local Government

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

Would place certain parcels back on the tax rolls that were in fact not used for a bona fide exempt use.

EFFECTIVE DATE:

January 1st of the year next succeeding the date on which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3993 2013-2014 Regular Sessions IN SENATE March 4, 2013 ___________
Introduced by Sen. LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the real property tax law, in relation to the duration of the exemption for property of mandatory class nonprofit organiza- tions by reason of the absence of suitable buildings or improvements thereon if construction of such buildings or improvements is in progress or is in good faith contemplated THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 420-a of the real property tax law, such section as renumbered by chapter 919 of the laws of 1981, is amended to read as follows: 3. Such real property from which no revenue is derived shall be exempt though not in actual use therefor by reason of the absence of suitable buildings or OTHER PHYSICAL improvements thereon if: (a) the construction of such buildings or OTHER PHYSICAL improvements is in progress or is in good faith contemplated by such corporation or association WITHIN SEVEN YEARS AFTER SUCH PROPERTY HAS BEEN ACQUIRED BY SUCH CORPORATION OR ASSOCIATION; FOR THE PURPOSES OF CALCULATING SUCH SEVEN YEARS' PERIOD, WITH RESPECT TO PROPERTY ACQUIRED BEFORE THE EFFEC- TIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS SUBDIVISION, SUCH SEVEN YEARS' PERIOD SHALL COMMENCE ON SUCH EFFECTIVE DATE, AND WITH RESPECT TO PROPERTY ACQUIRED ON OR AFTER SUCH EFFECTIVE DATE, SUCH SEVEN YEARS' PERIOD SHALL COMMENCE ON THE DATE OF ACQUISITION; or (b) such real property is held by such corporation or association upon condition that the title thereto shall revert in case any building not intended and suitable for one or more such purposes shall be erected upon such premises or some part thereof. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus