Prohibits a cable company from receiving tax credits against real property tax for franchise fees collected and remitted by such cable television companies to assessing units.
STATE OF NEW YORK
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192
2019-2020 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2019
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Introduced by M. of A. CAHILL -- read once and referred to the Committee
on Real Property Taxation
AN ACT to amend the real property tax law, in relation to prohibiting
tax credits against real property tax for franchise fees collected and
remitted by cable television companies to assessing units
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 626 of the real property tax law,
2 as further amended by subdivision (b) of section 1 of part W of chapter
3 56 of the laws of 2010, is amended and a new subdivision 5 is added to
4 read as follows:
5 1. When a tax levied on a special franchise is due in any assessing
6 unit, if the special franchise owner has paid such assessing unit for
7 its exclusive use during the past year under any agreement or statute
8 requiring the same, a sum based upon a percentage of gross earnings or
9 other income, a license fee, except as provided in subdivision five of
10 this section, or other sum of money on account of such special franchise
11 possessed by such special franchise owner, which payment was in the
12 nature of a tax, all amounts so paid for the exclusive use of such
13 assessing unit, except money paid or expended for paving or repairing
14 the pavement of a street, highway or public place, and except in a city
15 having a population of one hundred seventy-five thousand or more accord-
16 ing to the latest federal census, car license fees or tolls paid for the
17 privilege of crossing a bridge owned by the city, shall be deducted from
18 the tax based on the assessment made by the commissioner for purposes of
19 the assessing unit, but not otherwise, and the remainder shall be the
20 tax on such special franchise payable for such purposes.
21 5. Notwithstanding the foregoing provisions, a cable television compa-
22 ny, as defined in section two hundred twelve of the public service law,
23 that is a special franchise owner and collects a license fee from
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00232-01-9
A. 192 2
1 subscribers shall not be allowed any credit pursuant to the provisions
2 of this section against the amount of real property tax, determined by
3 its current special franchise assessment, due to the assessing unit with
4 which such cable television company maintains a special franchise agree-
5 ment.
6 § 2. This act shall take effect on the first of January next succeed-
7 ing the date on which it shall have become a law and shall apply to
8 assessment rolls with taxable status dates occurring on and after such
9 date.
