* § 1439-b. Imposition of tax. Notwithstanding any other provisions of law to the contrary, the town of Fishkill, acting through its town board, is hereby authorized and empowered to adopt a local law imposing in such town a tax on each conveyance of real property or interest therein not to exceed a maximum of two percent of the consideration for such conveyance, subject to the exemptions set forth in section fourteen hundred thirty-nine-e of this article; any such local law shall fix the rate of such tax. Provided, however, any such local law imposing, repealing or reimposing such tax shall be subject to a mandatory referendum pursuant to § 23 of the municipal home rule law. Notwithstanding the foregoing, prior to adoption of such local law, the town must establish a community preservation fund pursuant to § 64-i of the town law. Revenues from such tax shall be deposited in such fund and may be used solely for the purposes of such fund. Such local law shall apply to any conveyance occurring on or after the first day of a month to be designated by such town board, which is not less than sixty days after the enactment of such local law, but shall not apply to conveyances made on or after such date pursuant to binding written contracts entered into prior to such date, provided that the date of execution of such contract is confirmed by independent evidence such as the recording of the contract, payment of a deposit or other facts and circumstances as determined by the treasurer.

Terms Used In N.Y. Tax Law 1439-B*3

  • Consideration: means the price actually paid or required to be paid for the real property or interest therein, including payment for an option or contract to purchase real property, whether or not expressed in the deed and whether paid or required to be paid by money, property, or any other thing of value. See N.Y. Tax Law 1439-A*3
  • Contract: A legal written agreement that becomes binding when signed.
  • Conveyance: means the transfer or transfers of any interest in real property by any method, including but not limited to, sale, exchange, assignment, surrender, mortgage foreclosure, transfer in lieu of foreclosure, option, trust indenture, taking by eminent domain, conveyance upon liquidation or by a receiver, or transfer or acquisition of a controlling interest in any entity with an interest in real property. See N.Y. Tax Law 1439-A*3
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fund: means a community preservation fund created pursuant to § 64-i of the town law. See N.Y. Tax Law 1439-A*3
  • Tax: shall mean the real estate transfer tax imposed pursuant to section fourteen hundred thirty-nine-b of this article or, if the context clearly indicates, shall mean the real estate transfer tax imposed pursuant to article thirty-one of this chapter. See N.Y. Tax Law 1439-A*3
  • Town: means the town of Fishkill, county of Dutchess. See N.Y. Tax Law 1439-A*3
  • Treasurer: means the treasurer of the county of Dutchess. See N.Y. Tax Law 1439-A*3

* NB Repealed December 31, 2027

* NB There are 3 § 1439-b's

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