Assessor's Manual, Volume 4, Exemption Administration
Section 4.03 - RPTL Section 406(8)
Municipal corporations (Property outside corporate limits - electrical generation and distribution facilities)
Year originally enacted: 2011
Related statutes: None
Summary: This exemption applies to real property owned by a county, city, town or village that is located outside its corporate boundaries, and used for a municipal electric generation and distribution system, including necessary connections and appurtenances. The exemption is allowed only if agreed to in writing by the governing board of the tax jurisdiction in which the property is located. The exemption may be either a total or partial exemption from taxation, special ad valorem levies and special assessments.
- Ownership requirements: The facility must be owned by a county, city, town or village.
- Property location requirements: Property must be located outside the corporate boundaries of the owning municipal corporation.
- Property use requirements: Property must be used for a municipal electric generation and distribution facility, including necessary connections and appurtenances.
- Certification by state or local government: None required.
- Required construction start date or other time requirement: None.
- Local option: Yes - Each county, city, town, village and school district in which the property is located may choose whether or not to allow the exemption. The option to exempt must be exercised through a written agreement by the governing board of the taxing jurisdiction.
- Limitation on exemption:
Limitation on exemption General Municipal Taxes School District Taxes Special Ad Valorem Tax Special Assessments 1. Amount Local option - may limit Local option - may limit Local option - may limit Local option - may limit 2. Duration No limit No limit No limit No limit 3. Taxing Jurisdiction a. County or County Special Districts Ex* NA Ex* Ex* b. City Ex* NA NA Ex* c. Town or Town Special District Ex* NA Ex* Ex* d. Village Ex* NA NA Ex* e. School District NA Ex* NA NA Ex-Exempt Tax-Taxable NA-Not Applicable
- Payments in lieu of taxes: None required.
- Calculation of exemption:
1. General Municipal and School District Taxes: Percentage of assessed value authorized in written agreement on each facility by taxing jurisdiction.
2. Special Ad Valorem Levies and Special Assessments:
Special ad valorem levies: Percentage of assessed value authorized in written agreement on each facility by taxing jurisdiction.
Special assessments: Amount specified in written agreement on each facility by taxing jurisdiction.
- Coding of exemption on assessment roll:
Coding of exemption on assessment roll Code Description of Alternative Codes Possible 1326_ County-owned property 1346_ City-owned property 1360_ Town-owned property 1376_ Village-owned property
Assessment roll section(s): Exempt (ARLM § 8).
Note: These codes should not be used to identify other property owned by municipalities and which are located outside of corporate limits. For coding of such other property, see the Exemption Profile for the statute that applies.
Filing requirements (owner or occupant of property): None.
Reporting requirements (assessor): None.
- Similar exemptions:
Similar exemptions Subject Statute Municipal Corporations (Property outside corporate limits - parks, airfields, highways, flood control and soil conservation, or fire protection) RPTL §406(2) Municipal Corporations (Property outsideCorporate limits - sewer or water facilities) RPTL §406(3)
*If the municipal governing board agrees in writing to exempt.
Please send general questions or comments to ORPTS.