1400 – Short Title.

§ 1400. Short title. This article shall be known and may be cited as the “real estate transfer tax law”.

1402-B – Supplemental Tax in Cities Having a Population of One Million or More.

§ 1402-b. Supplemental tax in cities having a population of one million or more. (a) In addition to the taxes imposed by sections fourteen hundred two and fourteen hundred two-a of this article, a tax is hereby imposed on each conveyance of residential real property or interest therein within any city in this state having […]

1404 – Liability for Tax.

§ 1404. Liability for tax. (a) The real estate transfer tax imposed pursuant to section fourteen hundred two of this article shall be paid by the grantor and such tax shall not be payable, directly or indirectly, by the grantee except as provided in a contract between grantor and grantee or as otherwise provided in […]

1405 – Exemptions.

§ 1405. Exemptions. (a) The following shall be exempt from payment of the real estate transfer tax: 1. The state of New York, or any of its agencies, instrumentalities, political subdivisions, or public corporations (including a public corporation created pursuant to agreement or compact with another state or the Dominion of Canada). 2. The United […]

1405-A – Credit.

§ 1405-A. Credit. A grantor shall be allowed a credit against the tax due on a conveyance of real property to the extent tax was paid by such grantor on a prior creation of a leasehold of all or a portion of the same real property or on the granting of an option or contract […]

1405-B – Cooperative Housing Corporation Transfers.

§ 1405-B. Cooperative housing corporation transfers. (a) Notwithstanding the definition of “controlling interest” contained in subdivision (b) of section fourteen hundred one of this article or anything to the contrary contained in subdivision (e) of section fourteen hundred one of this article, the tax imposed by this article shall apply to (1) the original conveyance […]

1406 – Preparation and Sale of Stamps.

§ 1406. Preparation and sale of stamps. (a) The tax commission shall prepare adhesive documentary stamps for purposes of the real estate transfer tax of such design, in such form, in such denominations and in such quantities as it may from time to time deem advisable. The tax commission shall make provision for the sale […]

1407 – Designation of Agents.

§ 1407. Designation of agents. (a) The commissioner of taxation and finance is authorized to designate such banks, trust companies, savings banks, New York state branches of a foreign bank, industrial banks, savings and loan associations, national banking associations, federal savings and loan associations, title insurance corporations and recording officers as he shall deem necessary […]

1408 – Liability of Recording Officer.

§ 1408. Liability of recording officer. A recording officer or any other person designated to act as agent pursuant to section fourteen hundred seven of this article shall not be liable under this section for any inaccuracy in the amount of tax he shall collect under this article so long as he shall compute and […]

1409 – Returns.

§ 1409. Returns. (a) (1) A joint return shall be filed by both the grantor and the grantee for each conveyance whether or not a tax is due thereon other than a conveyance of an easement or license to a public utility as defined in subdivision two of section one hundred eighty-six-a of this chapter […]

1410 – Payment.

§ 1410. Payment. (a) The tax imposed hereunder shall be paid to the commissioner, or to any agent of the commissioner appointed pursuant to section fourteen hundred seven of this article, no later than the fifteenth day after the delivery of the instrument effecting the conveyance by the grantor to the grantee. For purposes of […]

1411 – Determination of Tax.

§ 1411. Determination of tax. (a) If a return required by this article is not filed, or if a return when filed is incorrect or insufficient, the amount of tax due shall be determined by the commissioner of taxation and finance from such records or information as may be obtainable, including the assessed valuation of […]

1412 – Refunds.

§ 1412. Refunds. (a) A grantor or grantee claiming to have erroneously paid the tax imposed by this article or some other person designated by such grantor or grantee may file an application for refund within two years from the date of payment. Such application shall be filed with the commissioner of taxation and finance […]

1413 – Remedies Exclusive.

§ 1413. Remedies exclusive. The remedies provided by sections fourteen hundred eleven and fourteen hundred twelve of this article shall be the exclusive remedies available to any person for the review of tax liability imposed by this article. No determination or proposed determination of tax or determination on any application for refund shall be enjoined […]

1414 – Proceedings to Recover Tax.

§ 1414. Proceedings to recover tax. (a) Whenever any person shall fail to pay any tax, penalty or interest imposed by this article, the attorney general shall, upon the request of the commissioner of taxation and finance, bring or cause to be brought an action to enforce the payment of the same on behalf of […]

1415 – General Powers of the Commissioner of Taxation and Finance.

§ 1415. General powers of the commissioner of taxation and finance. The commissioner of taxation and finance shall have the power: (a) to administer and enforce the tax imposed by this article and the commissioner is authorized to make such rules and regulations, and to require such facts and information to be reported, as the […]

1416 – Interest and Civil Penalties.

§ 1416. Interest and civil penalties. (a) If the commissioner of taxation and finance determines that there has been an overpayment of tax, interest at the overpayment rate set by the commissioner shall be paid by the comptroller to the grantor or grantee, on any refund paid pursuant to the provisions of section fourteen hundred […]

1417 – Criminal Penalties.

§ 1417. Criminal penalties. For criminal penalties, see article thirty-seven of this chapter.

1418 – Returns to Be Secret.

§ 1418. Returns to be secret. (a) Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for the tax appeals tribunal, the commissioner of taxation and finance, any officer or employee of the department of taxation and finance, any person engaged or retained by such department on […]

1419 – Notices.

§ 1419. Notices. (a) Any notice authorized or required under the provisions of this article may be given by mailing the same to the person for whom it is intended in a postpaid envelope addressed to such person at the address given in the last return filed by him pursuant to the provisions of this […]