Legislation
SECTION 1326
Payment of taxes in installments in city school districts
Real Property Tax (RPT) CHAPTER 50-A, ARTICLE 13
§ 1326. Payment of taxes in installments in city school districts. 1.
(a) Notwithstanding any of the provisions of this chapter, the school
authorities of a city school district may by resolution duly adopted
prior to the annual tax levy in any year determine that thereafter and
until such action be rescinded by the school authorities, any taxes
levied by it upon real property situate within the school district may
be paid in installments, not exceeding six, on or before such days
within the fiscal year for which such taxes are to be levied, as may be
prescribed by such resolution. The last such day shall not be later than
the thirtieth day preceding the end of such fiscal year. Each
installment shall be as nearly equal as possible.
(b) If the resolution so provides, each installment after the first
installment shall include interest on the balance calculated from the
date on which the first installment was due at the rate as determined
pursuant to section nine hundred twenty-four-a of this chapter for each
one month period, or part thereof, as defined in subdivision three of
section thirteen hundred twenty-eight of this article until such
installment is paid or until the return of the warrant by the collecting
officer, whichever shall be the sooner. The amount of any such interest
shall be included in and be deemed part of the amount of the unpaid tax.
All taxes remaining unpaid after the return of the warrant by the
collecting officer shall bear interest at the rate as determined
pursuant to section nine hundred twenty-four-a of this chapter for each
such one month period, or part thereof.
(c) Where such resolution does not provide for interest as authorized
by paragraph (b) of this subdivision, if any installment of taxes is
paid on or before the date when due, no interest shall be charged
thereon; if not so paid, interest shall be added to the amount of any
such installment at the rate as determined pursuant to section nine
hundred twenty-four-a of this chapter for each one month period, or part
thereof, as defined in subdivision three of section thirteen hundred
twenty-eight of this article until such installment is paid or until the
return of the warrant by the collecting officer, whichever shall be
sooner. The amount of such interest shall be included in and be deemed
part of the amount of the unpaid tax. All taxes remaining unpaid after
the return of the warrant by the collecting officer shall bear interest
at the rate as determined pursuant to section nine hundred twenty-four-a
of this chapter for each such one month period, or part thereof.
(d) Any such resolution shall state the number of installments, not
exceeding six, and the respective dates upon which the taxes are to
become payable. No installment may be paid unless all prior installments
of current taxes, including interest, shall have been paid or shall be
paid at the same time.
2. Whenever a resolution has been adopted pursuant to this section or
section thirteen hundred twenty-seven of this article, the notice
required to be given by the collecting officer shall state that taxes
may be paid in installments as provided in the resolution. Warrants for
the collection of taxes levied while such resolution continues in force
shall contain appropriate directions for the collection of taxes in the
manner specified in such resolution. Such warrant shall further command
the collecting officer to whom the same is directed to return his
warrant in the manner provided by this chapter within twenty days after
the date on or before which the last installment of taxes must be paid.
3. Notwithstanding the foregoing provisions of this section, the
school authorities of each such city school district shall have the
power, by resolution duly adopted, to suspend the provisions of this
section in relation to the rates of interest payable on school district
taxes remaining unpaid on the respective installment dates. Upon the
adoption of such a resolution, the rates of interest payable on unpaid
city taxes in such city, according to law, shall be the rates of
interest payable on school district taxes remaining unpaid on the
respective installment dates. Such rates shall remain so applicable
until such school authorities, by resolution duly adopted, terminate the
period of suspension of such provisions of this section.
(a) Notwithstanding any of the provisions of this chapter, the school
authorities of a city school district may by resolution duly adopted
prior to the annual tax levy in any year determine that thereafter and
until such action be rescinded by the school authorities, any taxes
levied by it upon real property situate within the school district may
be paid in installments, not exceeding six, on or before such days
within the fiscal year for which such taxes are to be levied, as may be
prescribed by such resolution. The last such day shall not be later than
the thirtieth day preceding the end of such fiscal year. Each
installment shall be as nearly equal as possible.
(b) If the resolution so provides, each installment after the first
installment shall include interest on the balance calculated from the
date on which the first installment was due at the rate as determined
pursuant to section nine hundred twenty-four-a of this chapter for each
one month period, or part thereof, as defined in subdivision three of
section thirteen hundred twenty-eight of this article until such
installment is paid or until the return of the warrant by the collecting
officer, whichever shall be the sooner. The amount of any such interest
shall be included in and be deemed part of the amount of the unpaid tax.
All taxes remaining unpaid after the return of the warrant by the
collecting officer shall bear interest at the rate as determined
pursuant to section nine hundred twenty-four-a of this chapter for each
such one month period, or part thereof.
(c) Where such resolution does not provide for interest as authorized
by paragraph (b) of this subdivision, if any installment of taxes is
paid on or before the date when due, no interest shall be charged
thereon; if not so paid, interest shall be added to the amount of any
such installment at the rate as determined pursuant to section nine
hundred twenty-four-a of this chapter for each one month period, or part
thereof, as defined in subdivision three of section thirteen hundred
twenty-eight of this article until such installment is paid or until the
return of the warrant by the collecting officer, whichever shall be
sooner. The amount of such interest shall be included in and be deemed
part of the amount of the unpaid tax. All taxes remaining unpaid after
the return of the warrant by the collecting officer shall bear interest
at the rate as determined pursuant to section nine hundred twenty-four-a
of this chapter for each such one month period, or part thereof.
(d) Any such resolution shall state the number of installments, not
exceeding six, and the respective dates upon which the taxes are to
become payable. No installment may be paid unless all prior installments
of current taxes, including interest, shall have been paid or shall be
paid at the same time.
2. Whenever a resolution has been adopted pursuant to this section or
section thirteen hundred twenty-seven of this article, the notice
required to be given by the collecting officer shall state that taxes
may be paid in installments as provided in the resolution. Warrants for
the collection of taxes levied while such resolution continues in force
shall contain appropriate directions for the collection of taxes in the
manner specified in such resolution. Such warrant shall further command
the collecting officer to whom the same is directed to return his
warrant in the manner provided by this chapter within twenty days after
the date on or before which the last installment of taxes must be paid.
3. Notwithstanding the foregoing provisions of this section, the
school authorities of each such city school district shall have the
power, by resolution duly adopted, to suspend the provisions of this
section in relation to the rates of interest payable on school district
taxes remaining unpaid on the respective installment dates. Upon the
adoption of such a resolution, the rates of interest payable on unpaid
city taxes in such city, according to law, shall be the rates of
interest payable on school district taxes remaining unpaid on the
respective installment dates. Such rates shall remain so applicable
until such school authorities, by resolution duly adopted, terminate the
period of suspension of such provisions of this section.