Exemption Administration Manual, Part 1: Municipal Governments—Section 4.03 - ED L Section 2853: Charter School Incorporated by New York State Board of Regents
Section 4.03 - ED L Section 2853: Charter School Incorporated by New York State Board of Regents
Year originally enacted:
The following types of real property are wholly exempt from taxation and are exempt, for certain purposes, from special ad valorem levies and special assessments: (1) land and improvements owned by a charter school and (2) portable classroom structures that (a) are leased by a charter school, (b) located on land owned by the charter school, and (c) are used for educational purposes.
Land must be owned by the charter school. Improvements must be owned by the school or must be a portable classroom structure used by the school for educational purposes.
Property location requirements:
Improvements must be located on property owned by charter school.
Property use requirements:
Property Owned by Charter School:
Improvements Leased by Charter School on Property It Owns:
Improvements must be used for educational purposes.
Certification by state or local government:
The charter school must be incorporated by the New York State Board of Regents.
Required construction start date or other time requirement:
The charter school must obtain federal tax-exempt status no later than one year following the approval of the charter school by the New York State Board of Regents.
Limitations on exemption:
|General municipal taxes||School district taxes||Special ad valorem tax||Special assessments|
|1. Amount||No limit||No limit||No limit||No limit|
|2. Duration||No limit||No limit||No limit||No limit|
|3. Taxing jurisdiction||a. County or County Special Districts||Ex||NA||L||L|
|c. Town or Town Special District||Ex||NA||L||L|
|e. School District||NA||Ex||NA||NA|
|Ex-Exempt Tax-Taxable NA-Not Applicable|
|L - Liable only for (1) county and town charges for capital costs of sewer systems, water supply systems, waterways and drainage improvements, and streets and highways, plus (2) special assessments for indebtedness contracted before 7/1/53.|
Payments in lieu of taxes:
Calculation of exemption:
General municipal and school district taxes:
100% of assessed value.
Special ad valorem levies and special assessments:
100% of assessed value or other basis of assessment.
The exemption applies to all levies and assessments imposed by counties, county special districts, towns, and town special districts except (1) charges levied to pay for the capital costs of sewer systems, water supply systems, waterways and drainage improvements, and streets and highways, and (2) special assessments for indebtedness contracted before 7/1/53. The exemption does not apply to special assessments imposed by cities or villages.
Coding of exemption on assessment roll
|Code||Description of alternative codes possible|
Assessment Roll Section(s)
Exempt (RPS § 8).
Note: These codes should not be used to identify (1) municipally owned property that is exempt under any of the subsections of RPTL §406, (2) property owned or leased by a school district or Board of Cooperative Education Services (BOCES) that is exempt under RPTL §408, (3) property of the NYC Educational Construction Fund that is exempt under Ed L §468, or (4) property of the City of Yonkers Educational Construction Fund that is exempt under Ed L §492.
Filing requirements (owner or occupant of property)
Reporting requirements (assessor)
Please send general questions or comments to ORPTS.