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Tax Exempt Status of Non-Profit Public Parking Lots Should Not Have Been Revoked

The Second Department ruled the tax exempt status of non-profit public parking lots should not have been revoked:

“The crucial issue in determining whether property is tax exempt pursuant to [RPTL 420-a] is whether the primary or principal use of the property is a tax-exempt purpose of its owner” … . The general rule is that the taxpayer bears the burden of proving that a property is tax exempt … . However, where, as here, a municipality seeks ” to withdraw a previously granted tax exemption, the municipality bears the burden of proving that the real property is subject to taxation'” … . * * *

Here, the respondents failed to meet their burden of proof for revocation of the tax exemption on the grounds that the petitioners’ activity did not conform to a charitable purpose within the meaning of RPTL 420-a. Absent a precise statutory definition of “charitable purpose,” courts have interpreted this category to include relief of poverty, advancement of governmental and municipal purposes, and other objectives that are beneficial to the community… . Matter of Greater Jamaica Dev Corp v NYC Tax Comm, 2013 NY Slip Op 07972, 2nd Dept 11-27-13

 

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