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09/07/2021 Assessment Community Weekly

 Link issue resolved

Thank you to those of you who reported problems with the links in our newsletter last week. We apologize for the difficulty. We are working with ITS to ensure that the problem doesn’t occur again.

In the future, if you encounter a security message when accessing our website or other sites that you are confident are secure, you can bypass the security message to access the intended webpage by following these instructions:

  • Chrome: Select Advanced and then select Proceed to www2.nystax.gov (unsafe).
  • Internet Explorer: Expand the More information link and then select Go on to the webpage.

Again, we apologize for the inconvenience last week.

Update: Solar and wind appraisal methodology

Many thanks to all 300 of you who participated in last week’s webinar.

The PowerPoint and recorded webinar are now available online.

During the webinar, you submitted many great questions. Stay tuned for online questions and answers.

To comment on the model, see the instructions on Appraisal methodology for solar and wind energy projects.

Reminder: COVID-related payments and 467 eligibility

We’ve previously shared both of these q and a’s with you, but they’re particularly timely when you may start receiving applications for the senior citizens exemption.

Q. Will the stimulus checks issued under the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) count as income for purposes of the 467 senior citizens exemption?

A. The definition of income for purposes of RPTL 467 expressly excludes “gifts.” We’d consider this stimulus payment to be a gift, as we did in Opinion of Counsel #12-11, which concerned the impact of a prior federal stimulus payment upon the senior citizens exemption. As such, in our non-binding view, it would not count as income for purposes of determining eligibility for the senior citizens exemption.

Q. The federal government provided additional unemployment benefits during the COVID-19 pandemic. Are those payments considered income for purposes of the senior citizens exemption?

A. The federal CARES Act and American Rescue Plan Act authorized payments of Federal Pandemic Unemployment Compensation (FPUC) in amounts of up to $600 per week in 2020 and up to $300 per week in 2021. It is our understanding that this compensation is in the nature of unemployment insurance, not a stimulus payment. Moreover, it is considered taxable income for purposes of the New York State personal income tax. As such, in our non-binding view it should be included as income for the senior citizens exemption authorized by RPTL 467.

Judicial cases

New Judicial cases:

  • NYCTL 1998-2 Trust v DR 226 Holdings, LLC
  • Matter of Foreclosure of Tax Liens by County of Broome
Updated: