Authorizes the town board of the town of Southold, county of Suffolk, to accept from GKLF II, LLC, grantee, an application for a refund from the town real estate transfer tax paid pursuant to section 1449-bb of the tax law for certain real property conveyed on June 22, 2021.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7012
SPONSOR: Thiele TITLE OF BILL:
An act in relation to authorizing the town board of the town of Sout-
hold, county of Suffolk, to accept from GKLF II, LLC, grantee, an appli-
cation for a refund from the town real estate transfer tax paid pursuant
to section 1449-bb of the tax law for certain real property conveyed on
June 22, 2021; and providing for the repeal of such provisions upon
expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
This bill would authorize the town board of the town of Southold to
accept from GKLF, LLC, grantee, an application for a refund from the
town real estate transfer tax.
SUMMARY OF PROVISIONS:
Section 1. Authorizes the town board of the town of Southold to accept
from GKLF, LLC, grantee, a petition for a refund from the town real
estate transfer tax with respect to a conveyance of real property occur-
ring on June 22, 2021 for the parcel conveyed to such grantee located at
7800 Alvahs Lane, in the hamlet of Cutchogue, town of Southold, county
of Suffolk. Such petition shall be filed no later than one (1) year from
the effective date of this act.
Section 2. Effective date.
JUSTIFICATION:
Subdivision 2(j) of Section 1449-ee of the taw law provides an exemption
for certain conveyances of real property from the payment of the real
estate transfer tax where the entire parcel of real property is subject
to the development restriction of an agricultural district or individual
commitment, pursuant to article twenty-five-AA of the agriculture and
markets law.
A parcel of land located at 7800 Alvahs Lane, in the hamlet of Cutc-
hogue, town of Southold, was conveyed to GKLF, LLC on June 22, 2021.
However, the property was not eligible for the exemption at the time of
the closing. Subsequently, an appli.Oation was made where the entire
parcel would be subject to the development restriction of an agricul-
tural district, pursuant to article twenty-five-AA of the agriculture
and markets law.
This bill authorizes the town board of the town of Southold to accept
from GKLF, LLC, grantee, a petition for a refund from the real estate
transfer tax payment no later than one (1) year from the effective date
of this act.
If satisfied that such grantee would otherwise be entitled to such
exemption if such grantee had complied with the provisions of section
1449-e (2)(j) of the tax law before June 22,2021, the town board of the
town of Southold, may grant the refund.
PRIOR. LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state.
EFFECTIVE DATE:
This act shall take effect immediately and shall expire one year after
it shall have become a law when upon such date the provisions of this
act shall be deemed repealed.
STATE OF NEW YORK
________________________________________________________________________
7012
2023-2024 Regular Sessions
IN ASSEMBLY
May 10, 2023
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Real Property Taxation
AN ACT in relation to authorizing the town board of the town of Sout-
hold, county of Suffolk, to accept from GKLF II, LLC, grantee, an
application for a refund from the town real estate transfer tax paid
pursuant to section 1449-bb of the tax law for certain real property
conveyed on June 22, 2021; and providing for the repeal of such
provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding any other provision of law to the contrary,
2 the town board of the town of Southold, county of Suffolk, is hereby
3 authorized to accept from GKLF II, LLC, grantee, a petition for a refund
4 from the town real estate transfer tax, imposed pursuant to section
5 1449-bb of the tax law, with respect to a conveyance of real property
6 occurring on June 22, 2021 for the parcel conveyed to such grantee, with
7 such parcel having an address of 17155 County Road 48 in the hamlet of
8 Cutchogue, town of Southold, county of Suffolk, otherwise known as
9 Suffolk county tax map district 1000, section 101.00, block 01.00, lot
10 019.002. If accepted, the application shall be reviewed as if the
11 provisions of paragraph (j) of subdivision 2 of section 1449-ee of the
12 tax law had been complied with before June 22, 2021.
13 If satisfied that such grantee would otherwise be entitled to such
14 exemption if such grantee had complied with the provisions of paragraph
15 (j) of subdivision 2 of section 1449-ee of the tax law before June 22,
16 2021, the town board of the town of Southold, may grant the refund. If
17 the refund is granted and such grantee shall have paid the town real
18 estate transfer tax, the town board, in its sole discretion, shall
19 provide for the refund of the tax paid.
20 § 2. This act shall take effect immediately and shall expire one year
21 after it shall have become a law when upon such date the provisions of
22 this act shall be deemed repealed.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10863-03-3
