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Department of Taxation and Finance

Assessor's Manual, Volume 4, ExemptionAdministration

Exemption Administration Manual - Part 2
Private Community Service and Social Organizations

Section 4.05 - RPTL Section 426

Opera Houses

Exemption Code(s):   29150   Year Originally Enacted:  Before 1896

Related Statutes:  RPTL § §420-a, 490

SUMMARY:  Real property owned by a corporation organized to sustain, encourage, and promote musical art and to educate the general public in good music is wholly exempt from taxation and is exempt, for certain purposes, from special ad valorem levies and special assessments.

The following conditions must be met: (1) the corporation's certificate of incorporation must be approved by the state Commissioner of Education, (2) moneys donated to the corporation as a result of general appeal must have been used for acquisition of the property, and (3) the property must be used by the owner to provide operatic and musical performances and other related educational activities.

  1. ELIGIBILITY REQUIREMENTS:
    1. Ownership Requirements:   Property must be owned by a corporation organized to sustain, encourage, and promote musical art and to educate the general public in good music.
       
    2. Property Location Requirements:   None.
       
    3. Property Use Requirements:   Property must be used for the production of opera and for furthering the purposes for which the owning corporation was organized by providing operatic and musical performances and other related educational activities.

      A portion of the property may be leased for public performances, opera, ballet, concerts, lectures, meetings, graduation exercises, or other educational or noncommercial uses, provided that the income derived from such activities is necessary for and is actually applied to the maintenance and support of the owning corporation.

    4. Certification by State or Local Government: The owning corporation's certificate of incorporation must be approved by the state Commissioner of Education.
       
    5. Required Construction Start Date or Other Time Requirement:   None.
       
  2. LOCAL OPTION:  No.
     
  3. LIMITATION 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
    b. City Ex NA NA Tax
    c. Town or Town
    Special District    		 Ex NA L L
    strong>d. Village Ex NA NA Tax
    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.

      
  4. PAYMENTS IN LIEU OF TAXES: None required.
     
  5. CALCULATION OF EXEMPTION:
    1. General Municipal and School District Taxes: 100% of assessed value.
       
    2. 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.

  6. CODING OF EXEMPTION ON ASSESSMENT ROLL:
    Code Description of Alternative Codes Possible
    29150  

    Assessment Roll Section(s): Exempt (ARLM Section 8).

    NOTE: This code should not be used to identify property that is exempt under any of the statutes listed under Similar Exemptions below. For coding of such property, see the Exemption Profile for the statute that applies.

  7. FILING REQUIREMENTS (Owner or Occupant of Property): None.
     
  8. REPORTING REQUIREMENTS (Assessor): None.
     
  9. SIMILAR EXEMPTIONS:
    Subject Statute
    Academies of music RPTL §434
    Institutes of arts and sciences (NYC) RPTL §424
    Nonprofit organizations (mandatory class) RPTL §420-a
    Nonprofit organizations (permissive class) RPTL §420-b
    Performing arts buildings RPTL §427
    Theatrical corporations created by Congress RPTL §432

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