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T A B L E O F C O N T E N T S P RT I A ... - Broome County

T A B L E O F C O N T E N T S P RT I A ... - Broome County

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§ 185-65 TAXATION<br />

§ 185-67<br />

the Treasurer shall have the same remedies to enforce the amount due thereunder as if<br />

the county had recovered the judgment therefor.<br />

§ 185-66. Powers and duties of Treasurer.<br />

The Treasurer shall have the power to:<br />

A. Administer and enforce the tax imposed by this article, and the Treasurer is authorized to<br />

make such rules and regulations and to require such facts and information to be reported<br />

as the Treasurer may deem necessary to enforce the provisions of this article.<br />

B. For the purposes of ascertaining the correctness of any return or for the purpose of<br />

making an estimate of tax of any person, examine or to cause to have examined, by any<br />

agent or representative designated by the Treasurer for that purpose, any books, papers,<br />

records or memoranda related to the matters required to be included in the return and<br />

may require the attendance of the person rendering the return or any officer or employee<br />

of such person or the attendance of any other person having knowledge of the matters<br />

included in the return and may take testimony and require proof material for its<br />

information, with the power to administer oaths to such person or persons.<br />

C. Extend, for cause shown, the time of filing any return for a period not exceeding three<br />

months.<br />

D. Prescribe the methods for determining the consideration and net consideration<br />

attributable to that portion of real property located partly within and partly without the<br />

<strong>County</strong> of <strong>Broome</strong> which is located within the <strong>County</strong> of <strong>Broome</strong> or any interest therein.<br />

E. Require any grantor or grantee to keep such records, for such length of time as may be<br />

required for the proper administration of this article, and to furnish such records to the<br />

Commissioner of Taxation and Finance upon request.<br />

F. On the Treasurer's own motion, to abate any small unpaid balance of an assessment of<br />

the tax to be levied hereunder or any liability in respect thereof if the Treasurer<br />

determines under rules prescribed by the Treasurer that the administration and collection<br />

costs involved would not warrant collection of the amount due. The Treasurer may also<br />

abate, of the Treasurer's own motion, the unpaid portion of the assessment of any tax or<br />

any liability in respect thereof which is excessive in amount or is assessed after the<br />

expiration of the period of limitation properly applicable thereto or is erroneously or<br />

illegally assessed. No claim for abatement under this subsection shall be filed by a<br />

taxpayer.<br />

§ 185-67. Interest and civil penalties.<br />

A. Any grantor or grantee failing to file a return or to pay any tax within the time required<br />

by this article shall be subject to a penalty of 10% of the amount of tax due plus an<br />

interest penalty of 2% of such amount for each month of delay or fraction thereof after<br />

the expiration of the first month after such return was required to be filed or such tax<br />

became due; such interest penalty shall not exceed 25% in the aggregate. If the Treasurer<br />

determines that such failure or delay was due to reasonable cause and not due to willful<br />

185:37<br />

06 - 01 - 2004

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