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Assessor's Manual, Volume 4, ExemptionAdministration

Exemption Administration Manual - Part 2
Industrial, Commercial, and Public Service

Section 4.06 - RPTL Section 476-a

Railroad Passenger Stations in New York City

Exemption Code(s):  29600 Year Originally Enacted:  1965

Related Statutes:  RPTL §489-i

SUMMARY:  Railroad passenger stations, including passenger terminal facilities, (1) which are located in New York City, (2) at which not less than 75% of the passenger trains operated by the railroad(s) using the station originate and terminate at that station, and (3) at which no portion of the property is used regularly for freight service are wholly exempt from taxation, but are liable for special assessments. The exemption also applies to the rail roadway approaches to such stations (including land, tracks, signals, bridges, tunnels, and other roadway structures and facilities) that are situated within five miles of the mid-point of such stations as located on March 1, 1965, provided that these approaches are not used regularly for freight service. The exemption may not be granted to any railroad company whose earnings ratio, as determined by the NYS Board of Real Property Services, exceeds 2.5% (see the Exemption Profile for RPTL §489-d).

  1. ELIGIBILITY REQUIREMENTS:
    1. Ownership Requirements: Property must be owned by a private interstate railroad. The owner may not have an earnings ratio greater than 2.5% (see the Exemption Profile for RPTL §489-d).
       
    2. Property Location Requirements: Stations must be located in New York City. Rail roadway approaches to the stations must be located within five miles of the mid-point of such stations as located on March 1, 1965.
       
    3. Property Use Requirements: Property must be used for passenger service; no portion of the property may be used regularly for freight service. At the station, at least 75% of the passenger trains operated by the railroad(s) using the station must originate and terminate at that station.
       
    4. Certification by State or Local Government: Earnings ratio of the railroad must be determined annually by the NYS Board of Real Property Services (see the Exemption Profile for RPTL §489-d).
       
    5. Required Construction Start Date or Other Time Requirement:  The area in which rail approaches to the station are eligible for exemption is determined by the mid-point of the station as located on March 1, 1965.
       
  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
    NA No
    exemption
    allowed
    2. Duration No
    limit
    No
    limit
    NA No
    exemption
    allowed
    3. Taxing Jurisdiction
    a. City
    Ex NA NA Tax
    b. School District NA Ex NA NA
        Ex-Exempt  Tax-Taxable  NA-Not Applicable

     
  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: No exemption allowed.
       
  6. CODING OF EXEMPTION ON ASSESSMENT ROLL:
    Code Description of Alternative Codes Possible
    29600    

    Assessment Roll Section(s): Ceiling Railroads.

    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
    Amtrak Railroad 45 USC 546b
    Municipal railroads (all capital stock owned by
    municipal corporation)
    RPTL §456
    Railroad companies (interstate) RPTL §489-d
    Railroad companies (intrastate) RPTL §489-dd
    Railroad and related property (New York City) Rap Tran L §103

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