NEW YORK CONSTITUTION
ARTICLE XVI
TAXATION

Art. XVI §1 | POWER OF TAXATION; EXEMPTIONS FROM TAXATION

The power of taxation shall never be surrendered, suspended or contracted away, except as to securities issued for public purposes pursuant to law. Any laws which delegate the taxing power shall specify the types of taxes which may be imposed thereunder and provide for their review.

Exemptions from taxation may be granted only by general laws. Exemptions may be altered or repealed except those exempting real or personal property used exclusively for religious, educational or charitable purposes as defined by law and owned by any corporation or association organized or conducted exclusively for one or more of such purposes and not operating for profit.

Notes

¹² Entire new article, adopted by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938.

Art. XVI §2 | ASSESSMENTS FOR TAXATION PURPOSES

The legislature shall provide for the supervision, review and equalization of assessments for purposes of taxation. Assessments shall in no case exceed full value.

Nothing in this constitution shall be deemed to prevent the legislature from providing for the assessment, levy and collection of village taxes by the taxing authorities of those subdivisions of the state in which the lands comprising the respective villages are located, nor from providing that the respective counties of the state may loan or advance to any village located in whole or in part within such county the amount of any tax which shall have been levied for village purposes upon any lands located within such county and remaining unpaid.

Art. XVI §3 | SITUS OF INTANGIBLE PERSONAL PROPERTY; TAXATION OF

Moneys, credits, securities and other intangible personal property within the state not employed in carrying on any business therein by the owner shall be deemed to be located at the domicile of the owner for purposes of taxation, and, if held in trust, shall not be deemed to be located in this state for purposes of taxation because of the trustee being domiciled in this state, provided that if no other state has jurisdiction to subject such property held in trust to death taxation, it may be deemed property having a taxable situs within this state for purposes of death taxation. Intangible personal property shall not be taxed ad valorem nor shall any excise tax be levied solely because of the ownership or possession thereof, except that the income therefrom may be taken into consideration in computing any excise tax measured by income generally. Undistributed profits shall not be taxed.

Art. XVI §4 | CERTAIN CORPORATIONS NOT TO BE DISCRIMINATED AGAINST

Where the state has power to tax corporations incorporated under the laws of the United States there shall be no discrimination in the rates and method of taxation between such corporations and other corporations exercising substantially similar functions and engaged in substantially similar business within the state.

Art. XVI §5 | COMPENSATION OF PUBLIC OFFICERS AND EMPLOYEES SUBJECT TO TAXATION

All salaries, wages and other compensation, except pensions, paid to officers and employees of the state and its subdivisions and agencies shall be subject to taxation.

Art. XVI §6 | PUBLIC IMPROVEMENTS OR SERVICES; CONTRACT OF INDEBTEDNESS; CREATION OF PUBLIC CORPORATIONS

Notwithstanding any provision of this or any other article of this constitution to the contrary, the legislature may by law authorize a county, city, town or village, or combination thereof acting together, to undertake the development of public improvements or services, including the acquisition of land, for the purpose of redevelopment of economically unproductive, blighted or deteriorated areas and, in furtherance thereof, to contract indebtedness. Any such indebtedness shall be contracted by any such county, city, town or village, or combination thereof acting together, without the pledge of its faith and credit, or the faith and credit of the state, for the payment of the principal thereof and the interest thereon, and such indebtedness may be paid without restriction as to the amount or relative amount of annual installments. The amount of any indebtedness contracted under this section may be excluded in ascertaining the power of such county, city, town or village to contract indebtedness within the provisions of this constitution relating thereto. Any county, city, town or village contracting indebtedness pursuant to this section for redevelopment of an economically unproductive, blighted or deteriorated area shall pledge to the payment thereof that portion of the taxes raised by it on real estate in such area which, in any year, is attributed to the increase in value of taxable real estate resulting from such redevelopment. The legislature may further authorize any county, city, town or village, or combination thereof acting together, to carry out the powers and duties conferred by this section by means of a public corporation created therefor.

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NEW YORK CONSTITUTIONARTICLE XVITAXATION

Art. XVI §1 | POWER OF TAXATION; EXEMPTIONS FROM TAXATION

Notes

Art. XVI §2 | ASSESSMENTS FOR TAXATION PURPOSES

Art. XVI §3 | SITUS OF INTANGIBLE PERSONAL PROPERTY; TAXATION OF

Art. XVI §4 | CERTAIN CORPORATIONS NOT TO BE DISCRIMINATED AGAINST

Art. XVI §5 | COMPENSATION OF PUBLIC OFFICERS AND EMPLOYEES SUBJECT TO TAXATION

Art. XVI §6 | PUBLIC IMPROVEMENTS OR SERVICES; CONTRACT OF INDEBTEDNESS; CREATION OF PUBLIC CORPORATIONS

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