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India, Mongolia Win New York Tax Ruling,
by Mike Godfrey, Tax-News.com, Washington
Thursday, August 19, 2010
The United States Court of Appeals has given a ruling in favour of India and
Mongolia who had challenged the City of New York in its attempt to collect some
USD47m in property taxes, plus interest, on property in Manhattan used to house
their UN permanent missions.
The City had argued originally that, with the buildings containing foreign
embassies already exempt from property tax, the same could not be true for buildings
used (sometimes only in part) for housing their staff. Claims for unpaid tax
were issued against India, Mongolia, the Philippines and Turkey.
The District Court originally ruled in favour of the City, and the latter two
countries paid settlement amounts. India and Mongolia, however, persisted with
an appeal.
While the appeal was pending, in June 2009, the US Department of State issued
a notice pursuant to the Foreign Missions Act, designating as a “benefit”
under the Act an exemption from property taxes on property owned by foreign
governments and used to house the staff of permanent missions to, inter alia,
the United Nations.
The notice stated that the benefit determination pre-empted all inconsistent
state and local laws, and also applied to all property taxes that “have
been or will be assessed” on such property. The Court of Appeals therefore
held that the notice operated to render the City’s tax demands invalid
and that India and Mongolia are exempt from the property taxes that the City
had tried to impose.
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