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Gov. Cuomo’s executive order does not allow for prepayment of 2018-19 school property taxes

The new federal tax bill that was signed into law on Dec. 22 caps the allowable deduction for state and local income, sales and property taxes at $10,000 beginning in 2018.

Gov. Andrew Cuomo subsequently signed an Executive Order designed to help New York taxpayers pre-pay their 2018 property taxes before Dec. 31, 2017 in order to potentially claim the deduction before the new federal tax law goes into effect.

While the governor’s Executive Order may, in some cases, allow residents to prepay their 2018 municipal (e.g., town, county or city) property taxes, there is no legal or practical mechanism for prepayment of school taxes by the Dec. 31 deadline.

Unlike towns and counties who typically issue their tax warrants in December and collect in January, the majority of school districts issue their tax warrants in August and collect in September.

The Cohoes City School District is not able to provide estimated tax bills for the 2018-19 school year since the district will not adopt a budget and tax levy for the upcoming school year until the May 15, 2018, school budget vote date.

The Executive Order does not provide the authority for school districts to adopt estimated or partial tax warrants for the 2018-2019 school year or to issue tax bills corresponding to those warrants. Further, it does not address the prepayment of school taxes and does not change the statutory process by which taxes are levied by schools.

Residents can still pay the second installment for 2017-18 taxes (due March 31, 2018) at anytime.

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