Tax Cap

Funding Referendums and the Tax Cap:  What You Need To Know


NYS Comptroller's Property Tax Levy Limit Report

Every chartered library that receives funding through direct levy (library funding that is voted on by the public) must now file this report annually.  This went into effect when the NYS Property Tax Cap Law was passed on June 24, 2011.

We have prepared detailed instructions for filling out the Property Tax Levy Limit Report (see below).  Before panicking, please read through the instructions.  If you still feel unsure or would like someone to walk you through as you fill it out, give Paulette Roes a call at 755-0653.

The only guidelines given by the Comptroller's Office regarding due date for the Tax Cap Report are that the report must be filed prior to the adoption of their budget for libraries following a calendar year (January-December).  Libraries following a school district fiscal year must file by March 1st. 

Property Tax Levy Limit Report Instructions


NYS Comptroller's Property Tax Compliance Report

Libraries who levy a tax (go on the school ballot, etc) that stays within the tax levy limit must complete the Tax Cap Compliance Report.  This report is accessible through the same portal as the Tax Cap report, and will only be available if your Tax Cap Report indicates a proposed levy that stays within the tax cap. 

1.  What is "Tax Cap Compliance Report"? 
In a nutshell, the Tax Compliance Report is an additional Tax Levy Report that "certifies" a local as being tax cap compliant.  
For more information about the Property Tax Compliance Report, click here.  This link also provides instructions on how to complete the report.  
2. Who is "Tax Cap Compliant?" and who is not?
Libraries whose referendum stays within the tax cap are compliant and have to submit the report.  This means libraries who don't go out for an increase on the ballot, or do go out for an increase that is within their levy limit.  Libraries who go out for an increase over the limit are not compliant.  
3.  When do Tax Compliance reports need to be submitted?
Tax Compliance reports are due "21 days after the reporting fiscal year has begun".  This means that if your fiscal reporting year is Januray - December your Tax Freeze report needs to be filed by January 21.  If your fiscal reporting year is June - July, than your report is due by June 21.
If you have any questions about the Tax Compliance Report, call Paulette Roes at 755-0653.



Placing a referendum on a school district or municipal ballot

If your library plans to place a referendum on the school ballot or a municipal ballot for an increase in funding that exceeds the tax cap limit, there is a resolution you must pass which affirms that your board has voted to override the tax cap. 

Once you pass this resolution, you simply file it away with your meeting minutes.  It does not need to be sent to NCLS or any other government office unless it is requested at some later date. 

Approval from the school district or municipality collecting the taxes is not required for you to override the tax cap.  The library board vote is all that is needed.

There is no set deadline for passing the resolution.  Typically a decision to request a funding increase through public vote would occur at the time your board adopts its budget for the coming year.

Once these tasked are completed, it is time to think about campaigning for success!