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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 434

Academies of Music
(In cities with population of 175,000 or more)

Exemption Code(s):   2945    Year Originally Enacted:   1907

Related Statutes:  RPTL §490

SUMMARY: If allowed by local option, real property that (1) is owned by a corporation or association organized to maintain an academy of music, (2) is located in a city having a population of 175,000 or more, and (3) was purchased with the proceeds of popular or general subscription is wholly or partially exempt from taxation and is exempt, for certain purposes, from special ad valorem levies and special assessments, except that no exemption may be granted for any year following a year in which the owning organization earned a net annual income on the net cost of the academy and its furnishings.

  1. ELIGIBILITY REQUIREMENTS:
    1. Ownership Requirements: Property must be owned by a corporation or association organized to maintain an academy of music.
       
    2. Property Location Requirements: Property must be located in a city having a population of 175,000 or more according to the latest federal census. As of the 1980 census, the cities which qualify are: Buffalo, New York, Rochester, and Yonkers.
       
    3. Property Use Requirements: Property must consist of an academy of music and be used as such.
       
    4. Certification by State or Local Government: None required.
       
    5. Required Construction Start Date or Other Time Requirement:  None.
        
  2. LOCAL OPTION: Yes - The financial board of any city having a population of 175,000 or more may choose whether or not to allow the exemption for all or part of the property, after making a determination that (1) the interest of the city requires the maintenance of an academy of music and (2) it appears that the property was purchased with the proceeds of popular or general subscription. The option to exempt must be exercised through adoption of a resolution; it applies to city, county, and school district taxes.
     
  3. 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 L** L**
    b. City Ex* NA NA Tax
    c. Special 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.

    * If allowed by local option.
    ** If exemption allowed by local option (otherwise liable for all charges).

  4. PAYMENTS IN LIEU OF TAXES: None required.
     
  5. CALCULATION OF EXEMPTION:
    1. General Municipal and School District Taxes: Percentage or amount of assessed value allowed by local option.
       
    2. Special Ad Valorem Levies and Special Assessments: Percentage or amount of assessed value or other basis of assessment allowed by local option.

      The exemption applies to all levies and assessments imposed by counties and county 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.

  6. CODING OF EXEMPTION ON ASSESSMENT ROLL:
    Code Description of Alternative Codes Possible
    2945_      

    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
    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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