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Assessor Manuals, Exemption Administration

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Year originally enacted: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.

Eligibility requirements

Ownership requirements:

Property must be owned by a corporation or association organized to maintain an academy of music.

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.

Property use requirements:

Property must consist of an academy of music and be used as such.

Certification by state or local government:

None required.

Required construction start date or other time requirement:

None.

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.

Limitation on exemption

Limitation on exemption by amount, duration, and taxing jurisdiction
   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).

Payments in lieu of taxes

None required.

Calculation of exemption

General municipal and school district taxes:

Percentage or amount of assessed value allowed by local option.

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.

Coding of exemption on assessment roll

 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.

Filing requirements (owner or occupant of property)

None.

Reporting requirements (assessor)

None.

Similar exemptions:

 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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