Although often referred to as a “2 percent tax cap,” New York’s tax levy “cap” law does not restrict any proposed tax levy increase to 2 percent. Pursuant to the law, each school district must follow an 8-step calculation, outlined below, to calculate its individual “tax levy limit.” That limit then determines what level of voter support is required for budget approval.
The Base Formula
Prior School-Year Tax Levy
The total amount of property tax revenue levied by the district for the current school year, adjusted for any excess tax levy that was identified for a previous year, including any interest earned.
TIMES
Tax Base Growth Factor
The “quantity change factor,” determined by the Dept. of Taxation and Finance for each district by Feb. 1. It’s the year-to-year increase in the full value of taxable real property in a school district due to physical or quantity change (e.g., new construction). Increases in full value due solely to assessment changes are not included. This factor will not be less than 1.000, even if a district sees a decrease in its full property value. The commissioner of taxation and finance is authorized to make rules/regulations that may adjust the calculation based on development on tax exempt land.
PLUS
Pilots Received in Prior School Year
The amount of revenue receivable by the school district in the current school year from payments in lieu of taxes, known as PILOTs. Certain commercial property owners (usually large corporations) enter into PILOT agreements
to make annual payments instead of paying MINUS property taxes for a negotiated period of time.
MINUS
Tax Levy to Pay for Some Court Orders/Judgments
The amount of the school district’s current-year tax levy necessary to pay for court orders or judgments arising out of tort actions. Applies only to the portion that exceeds 5% of the school district’s total prior-year tax levy. Tax certioraris do not qualify.
MINUS
Tax Levy to Pay for Local Capital Costs
The amount of the school district’s current-year tax levy necessary to pay for construction/renovation of capital facilities/equipment (including debt service and lease expenditures) and transportation capital debt service (e.g., bus lease/purchase). Refers only to the portion paid with local tax dollars and does not include state building or transportation aid received. *The commissioner is authorized to make rules/regulations that may provide for adjustments based on a district’s share of additional budgeted capital expenditures made by BOCES.
TIMES
Allowable Levy Growth Factor
This factor, which accounts for inflationary change, is limited to the lesser of 2% or the change in the consumer price index.
MINUS
Pilots Receivable in Coming School Year
The amount of revenue the school district expects to receive in the coming school year from payments in lieu of taxes, or PILOTs.
PLUS
Available Carryover (if Any)
If a district’s current year tax levy was less than its tax levy limit, it must increase the coming year’s tax levy limit by that amount or 1.5% of the current year’s tax levy limit, whichever is less.
EQUALS
Tax Levy Limit
The highest allowable tax levy (before exclusions; see below) that a school district can propose as part of its annual budget and need only a simple majority of voters (50% + 1) to pass the budget. Each school district will calculate and report its own tax levy limit.
Exclusions to be Added
The law excludes certain portions of a school district’s tax levy from the calculation above. A district can add these exclusions (described below) to its tax levy limit, increasing the amount of taxes the district is allowed to levy while still needing only a simple majority of voters for budget approval.
PLUS
Tax Levy to Pay for Some Pension Contribution Costs
Applies only when the employer contribution rates set by the statewide pension systems (TRS and ERS) increase by more than 2 percentage points from one year to the next. Even with this exclusion, most—if not all—pension costs must be funded within a school district’s tax levy limit.
PLUS
Tax Levy to Pay for Some Court Orders/Judgements
The amount of the school district’s coming-year tax levy necessary to pay for court orders or judgments arising out of tort actions. Only the amount that exceeds 5% of the school district’s prior-year total tax levy can be excluded from the tax levy limit. Tax certioraris cannot be excluded.
PLUS
Tax Levy to Pay for Some Local Capital Costs
The amount of the school district’s coming year tax levy necessary to pay for construction/renovation of capital facilities or equipment (including debt service and lease expenditures) and transportation capital debt service. This exclusion refers only to the portion paid with local tax dollars (i.e., does not include state building or transportation aid received).
EQUALS
Maximum Allowable Tax Levy
The tax levy limit plus exclusions. This is the highest total tax levy that a school district can propose as part of its annual budget for which only the approval of a simple majority of voters (50% +1) is required.
Original Document Produced by the Capital Region BOCES Communications Service, in consultation with the Questar III BOCES State Aid and Financial Planning Service. Published January 2016.