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Why it's NOT a '2 percent tax cap'

 
 

tac cap graphicThe phrase “2 percent property tax cap” is misleading.

Although the new law is repeatedly referred to as a “2 percent tax cap,” it does not restrict any proposed tax levy increase to 2 percent, nor does it prohibit individuals’ property taxes from increasing more than 2 percent.

The law applies to the school district tax levy, not tax rates or the individual tax bill of residents. It doesn’t place any restrictions on how tax bills are calculated.

The tax levy cap is simply a formula put in place by the state to limit how much a school district can raise its annual tax levy without requiring a super majority approval from its voters.

For the purpose of a tax increase, super majority in New York is defined as three-fifths of the vote, or 60 percent. A school district's proposed budget that does not exceed its calculated tax levy limit would require a simple majority vote.

A complex, eight-step formula

The tax levy limit will be determined by each district according to a complex, eight-step formula defined by the law, and the limit will vary by district.

In addition, the formula for setting the tax levy limit allows for certain expenses — such as capital local expenditures, certain pension payments, and certain court orders/judgments — to be exempt from the cap. As a result, a district’s final tax levy after exemptions are calculated in could be greater than its published “tax levy limit” and yet still be considered—under the law—within the limit.

If the tax levy (before state-approved exemptions) is at or below the “tax levy limit,” a simple majority (more than 50 percent) is needed for budget approval. If the tax levy (before exemptions) exceeds a district’s “tax levy limit,” the support of a supermajority (60 percent or more) of voters is required for budget passage.

Voters will still decide on school district spending plans on the third Tuesday of May each year.

Tax bills will continue to be calculated by using a property’s assessed value (as determined by the local town assessor) and the tax rate — or the amount paid in taxes per $1,000 of assessed value. Tax rates are not solely determined by the tax levy approved by voters; they are often adjusted by the state using equalization rates, designed to equally distribute the tax burden across municipalities within a district. Tax bills can also be affected by STAR or other exemptions for which individual taxpayers may qualify.

As always, parents, staff, students and taxpayers are urged to voice their opinions on these matters to our elected leaders. Click here for elected leaders' contact information.

Next:
The three tax levy numbers

During the process to develop a school budget, taxpayers will hear three different numbers: the tax levy limit, the maximum allowable levy, and the proposed tax levy. Find out what each number represents. [more]

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The tax levy cap is simply a formula put in place by the state to limit how much a school district can raise its annual tax levy without requiring a super majority approval from its voters.

The formula for setting the tax levy limit allows for certain expenses — such as capital local expenditures, certain pension payments, and certain court orders/judgments — to be exempt from the cap.

 
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