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Assessor's Manual, Volume 4, ExemptionAdministration

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

Section 4.05 - RPTL Section 432

Theatrical Corporations Created by Act of Congress

Exemption Code(s): 49200 Year Originally Enacted: 1956

Related Statutes: RPTL § §420-a, 490

SUMMARY: Real property that (1) is owned by a nonprofit theatrical corporation created by an act of the U.S. Congress and organized for the purposes described in Ownership Requirements below, (2) is used exclusively for such purposes, and (3) was acquired with moneys donated to the corporation as a result of popular or general appeal is exempt from taxation and is exempt, for certain purposes, from special ad valorem levies and special assessments. The exemption is limited to a maximum of $1.5 million of assessed value.

  1. ELIGIBILITY REQUIREMENTS:
    1. Ownership Requirements: Owner must be a corporation created by an act of the U.S. Congress and must be organized on a nonprofit basis for the following purposes: stimulating public interest in the drama as an art, presenting theatrical productions, advancing interest in the drama by furthering the production of plays, furthering the study of the drama, and sponsoring, encouraging, and developing the art and technique of the theater through the operation of a school.
       
    2. Property Location Requirements: None.
       
    3. Property Use Requirements: Property must be used exclusively for one or more of the organizational purposes described above. In addition, the property must have been acquired with moneys donated to the owning corporation as a result of popular or general appeal.

      The property remains eligible for exemption even if (1) it or a portion of it is leased to or otherwise used by a corporation organized for purposes which are exempt under RPTL § §420-a, 420-b, 422, 424, 426, 428, or 430 and for one or more of the purposes for which the owning corporation is organized, provided that the property is devoted to such purposes and the moneys paid for such use do not exceed the carrying, maintenance, and depreciation costs of the portion of the property used or (2) the auditorium located on the property is leased or otherwise used for public performances, theatrical presentations, opera, ballet, concerts, lectures, meetings, graduation exercises, and educational noncommercial uses for purposes of income, provided that such income is necessary for and is actually applied to the maintenance and support of the owning corporation and is not used for the acquisition of additional real property in New York State.

    4. Certification by State or Local Government: None required.
       
    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 $1.5 million
    of assessed
    value
    $1.5 million
    of assessed
    value
    $1.5 million
    of assessed
    value
    $1.5 million
    of assessed
    value
    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
    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: Up to $1.5 million of assessed value
        .
    2. Special Ad Valorem Levies and Special Assessments: Up to $1.5 million of assessed value.

      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
    49200   

    Assessment Roll Section(s): Taxable (ARLM Section 1).

    NOTE: This code should not be used to identify property that is exempter 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
    Opera houses RPTL §426
    Performing arts buildings RPTL §427

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