Bill S878-2013

Relates to the exemption from taxation for non-profit organizations

Requires the burden of annually establishing that the requirements of the mandatory class non-profit real property tax exemptions have been satisfied to fall upon the owner of the property and must be proven by clear and convincing evidence.

Details

Actions

  • Jan 8, 2014: REFERRED TO LOCAL GOVERNMENT
  • Jan 9, 2013: REFERRED TO LOCAL GOVERNMENT

Memo

BILL NUMBER:S878

TITLE OF BILL: An act to amend the real property tax law, in relation to the exemption from taxation for non-profit organizations

PURPOSE: To place the responsibility of annually establishing that a not-for-profit corporation or association is entitled to real property tax exemptions upon such corporation or association.

SUMMARY OF PROVISIONS:

Section 1: Amends section 420-a of the Real Property Tax Law by adding a new subdivision 15 to require that the owner of a property which is tax exempt pursuant to section 420-a of the Real Property Tax Law, prove annually, by clear and convincing evidence, that the requirements of section 420-a have been satisfied. Further, this new subdivision provides that the New York State Department of Taxation and Finance shall develop, in consultation with not-for-profit organizations and assessors, guidance documents which shall be used by assessors to determine whether the standard of proof has been met.

Section 2: Effective date.

EXISTING LAW: While not-for-profit corporations or associations must initially seek the granting of an exemption under Section 420-a, they are not required to do so on an annual basis, nor are they regularly compelled to provide convincing evidence that such exemption should continue to apply.

JUSTIFICATION: This proposed measure is one of a series of bills aimed at reconstructing the framework for granting real property tax exemptions across the state. Based on year 2010 assessment rolls, there are over 5.6 million parcels of property in New York State (valued at a total of $2.5 trillion). Of this number, some 3.5 million parcels enjoy at least 1 real property tax exemption. From a taxable status standpoint, over 30% of the total value of property in New York State ($789 billion) is either wholly or partially exempt from real property taxation.

The lion's share of real property tax exemptions are state mandated, and while the state has provided some reimbursement to relieve local taxing jurisdictions (i.e. through the STAR program), high levels of tax exemptions can present a serious burden to other property owners who must support the cost of school district, municipal and special district operations.

The State must help provide tools which promote greater accountability from those seeking real property exemptions in order to balance public needs and benefits. This specific legislation offers such a tool by seeking to ensure that organizations which seek tax exemption truly met those public purposes, and that lands receiving relief from

real property taxation are being fully used in support of such purposes.

LEGISLATIVE HISTORY:

S.2545-A of 2012: Died in Senate Local Government, Died in Assembly Real Property Taxation S.2545 of 2011: Died in Senate Local Government, Died in Assembly Ways and Means S.8474 of 2010: Died in Senate Rules S.478 of 2008: Died on Senate Floor Calendar, Died in Assembly Ways and Means S.478 of 2007: Died in Senate Local Government, Died in Assembly Real Property Taxation S.3926 of 2006: Died on Senate Floor Calendar, Died in Assembly Real Property Taxation S.3926 of 2005: Died on Senate Floor Calendar, Died in Assembly Real Property Taxation S.1123-A of 2004: Died in Senate Local Government, Died in Assembly Real Property Taxation S.1123-A of 2003: Died on Senate Floor Calendar

FISCAL IMPLICATIONS: None to the state.

LOCAL FISCAL IMPLICATIONS: Undetermined, however, it is anticipated the bill will offer improved local oversight of exemptions, with a salutary effect on school, municipal and special district (i.e. fire protection) tax rolls.

EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become law and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 878 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. BONACIC, 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 exemption from taxation for non-profit organizations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 420-a of the real property tax law is amended by adding a new subdivision 15 to read as follows: 15. IN ALL INSTANCES, THE BURDEN OF ANNUALLY ESTABLISHING THAT THE REQUIREMENTS OF THIS SECTION HAVE BEEN SATISFIED SHALL BE UPON THE OWNER OF THE PROPERTY AND MUST BE PROVEN BY CLEAR AND CONVINCING EVIDENCE. THE DEPARTMENT SHALL DEVELOP, IN CONSULTATION WITH NOT-FOR-PROFIT ORGANIZA- TIONS AND ASSESSORS, GUIDANCE DOCUMENTS TO BE USED BY ASSESSORS IN DETERMINING WHETHER THE STANDARD OF PROOF ESTABLISHED BY THIS SUBDIVI- SION HAS BEEN MET. 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 and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after such date.

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