Legislation
SECTION 1147-Q
Exemption from taxes, assessments and certain fees
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 6-D
§ 1147-q. 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 village of Almond and the people of the towns of Almond,
Alfred and that portion of the town of Hornellsville within the
boundaries of the authority 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, special ad valorem levies or special
assessments upon any property owned by it or under its jurisdiction,
control or supervision or upon its activities 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 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 transfer and estate taxes. The revenues, moneys and
all other property and all transactions and activities of the authority
shall be exempt from all taxes and governmental fees or charges, whether
imposed by the state or any municipality, including without limitation
real estate taxes, franchise taxes, sales taxes or other excise taxes.
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 of 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 transfer and estate taxes.
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 village of Almond and the people of the towns of Almond,
Alfred and that portion of the town of Hornellsville within the
boundaries of the authority 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, special ad valorem levies or special
assessments upon any property owned by it or under its jurisdiction,
control or supervision or upon its activities 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 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 transfer and estate taxes. The revenues, moneys and
all other property and all transactions and activities of the authority
shall be exempt from all taxes and governmental fees or charges, whether
imposed by the state or any municipality, including without limitation
real estate taxes, franchise taxes, sales taxes or other excise taxes.
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 of 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 transfer and estate taxes.