Assessor's Manual, Exemption Administration: RPTL Section 485-f
Section 4.06, RPTL Section 485-f: Branch Banks in Banking Development Districts
Year originally enacted: 1997, extended 2016
Related statutes: Bnkg §96-d
If allowed by local option, real property that (1) is altered, constructed, installed, or improved for use as a branch of a bank, trust company or national bank (excluding ordinary maintenance and repairs) and (2) is located in an area designated as a banking development district by the NYS Superintendent of Banks pursuant to Banking Law §96-d is partially exempt from taxation and special ad valorem levies for 10 years, but is liable for special assessments.
The amount of the exemption is limited to a percentage of the increase in assessed value attributable to the alteration, construction, installation, or improvement as determined in the first year of the exemption. The increase in assessed value ("exemption base") used to calculate the amount of the exemption remains constant throughout the term of the exemption, except (1) where there is subsequent alteration, construction, installation, or improvement during the term of the exemption or (2) where there occurs in the assessing unit an overall change in the level of assessment of 15% or more; in either case the exemption base must be adjusted.
Property must be owned by a bank, trust company, or national bank. For purposes of this exemption a bank, trust company or national bank includes a savings bank, savings and loan association, federal savings and loan association or federal savings bank, provided, however, that a savings bank, savings and loan association or federal savings bank are not granted eligibility to accept municipal or public funds or municipal or public moneys other than for the purposes specified in Banking L §96-d.
Property location requirements:
Property must be located in a banking development district designated by the NYS Superintendent of Banks pursuant to Bank L §96-d.
Property use requirements:
Property must be used as a branch of a bank, trust company, or national bank.
Certification by state or local government:
Each banking development district must be designated by the NYS Superintendent of Banks. Upon approval of the application, the Superintendent must file notice of such approval with officials of the municipalities and school districts in which the banking development district is located.
Required construction start date or other time requirement:
The alteration, construction, installation, or improvement must have commenced on or after either the date the banking development district was designated or, if provided, the effective date established by the local law, ordinance, or resolution which authorized the exemption. The provisions in Banking L §96-d which extend eligibility to branch banks owned by a savings bank, savings and loan association, federal savings bank or federal savings and loan association in a designated banking development district are in effect until January 1, 2023. However, any such branch bank established prior to that date and which meets all other eligibility requirements will remain eligible for this exemption.
Yes. Each county, city, town, village, and school district may choose whether or not to allow the exemption. The option must be exercised through adoption of a local law, ordinance, or resolution after a public hearing.
Limitation on exemption
|Type of limitation||General municipal taxes||School district taxes||Special ad valorem levies||Special assessments|
|Amount||Yes*||Yes*||Yes*||No exemption allowed|
|Duration||10 years||10 years||10 years||No exemption allowed|
|Taxing jurisdiction: county or county special district||Exempt**||Not applicable||Exempt**||Taxable|
|Taxing jurisdiction: city||Exempt**||Not applicable||Not applicable||Taxable|
|Taxing jurisdiction: town or town special district||Exempt**||Not applicable||Exempt**||Taxable|
|Taxing jurisdiction: village||Exempt**||Not applicable||Not applicable||Taxable|
|Taxing jurisdiction: school district||Exempt**||Not applicable||Not applicable||Not applicable|
*See Calculation of Exemption below.
**If allowed by local option.
Payments in lieu of taxes
Calculation of exemption
General municipal and school district taxes:
The following percentages of the increase in assessed value attributable to the alteration, construction, installation, or improvement should be applied:
|Year of exemption||Percentage of exemption|
The exempt amount for each year is to be calculated on the basis of the "exemption base," defined as the increase in assessed value in the first year of the 10-year period, unless (1) there is subsequent alteration, construction, installation, or improvement during the term of the exemption, in which case the exemption base is revised to include the increase in assessed value resulting from such alteration, construction, installation, or improvement; (2) there has occurred in any year a change in level of assessment of 15% or more, for a final assessment roll, in which case the exemption must be adjusted. See Reporting requirements (asssessor).
Special ad valorem levies and special assessments:
Special ad valorem levies: See General municipal and school district taxes above.
Special assessments: No exemption allowed.
Coding of exemption on assessment roll
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.
Assessment roll section
Taxable (RPS Section 1)
Filing requirements (Owner or occupant of property)
Form RP-485-f, Application for Real Property Tax Exemption for Real Property in a banking development district (see sample form and instructions following Exemption Profile).
Application required first year only. Application must be filed within one year of the date of completion of the project.
Where the exemption base is adjusted because of a change in the assessing unit's level of assessment of 15% or more (see Calculation of Exemption above), the assessor must provide written notice of such exemption adjustment to the property owner. The owner may apply for a correction as provided under RPTL § §553, 554, or 556, if he or she believes the adjustment was calculated incorrectly.
|Business investment property outside New York City||RPTL §485-b|
|Economic transformation areas||RPTL §485-p|
|Industrial and commercial properties in New York City (project certified by NYC Department of Finance)||RPTL §489-bbbb|
|Industrial and commercial properties in New York City (project certified by NYC Department of Finance after June 30, 2008)||RPTL §489-bbbbbb|
|Mixed-use properties in certain municipalities||RPTL §485-a|
|Mixed-use properties in New York City||RPTL §489-bbbbb|
|Municipal industrial development agencies||RPTL §412-a & Gen Muny L §874|
|NYS Urban Development Corporation (Industrial project)||McK U Con L §6272|
|Property improvements in empire zones||RPTL §485-e|
|Residential-commercial properties in certain counties||RPTL §485-n|
Exemption application forms
Please send general questions or comments to ORPTS.