State Codes and Statutes

Statutes > New-york > Tax > Article-31a2-3 > 1439-d-3

* §  1439-d.  Liability for tax. 1. The real estate transfer tax shall  be paid by the grantee. If the grantee has failed to pay the tax imposed  pursuant to this article or if the grantee is exempt from such tax,  the  grantor  shall  have  the duty to pay the tax. Where the grantor has the  duty to pay the tax because the grantee has failed to pay the tax,  such  tax  shall  be  the  joint  and several liability of the grantee and the  grantor.    2. For the purpose of the proper administration of this article and to  prevent evasion of the tax hereby imposed, it shall be presumed that all  conveyances are subject to the tax.  Where  the  consideration  includes  property  other  than money, it shall be presumed that the consideration  is the fair market value of the real property or interest therein. These  presumptions shall prevail until the contrary is proven, and the  burden  of proving the contrary shall be on the person liable for payment of the  tax.    * NB Repealed December 31, 2027    * NB There are 3 § 1439-d's

State Codes and Statutes

Statutes > New-york > Tax > Article-31a2-3 > 1439-d-3

* §  1439-d.  Liability for tax. 1. The real estate transfer tax shall  be paid by the grantee. If the grantee has failed to pay the tax imposed  pursuant to this article or if the grantee is exempt from such tax,  the  grantor  shall  have  the duty to pay the tax. Where the grantor has the  duty to pay the tax because the grantee has failed to pay the tax,  such  tax  shall  be  the  joint  and several liability of the grantee and the  grantor.    2. For the purpose of the proper administration of this article and to  prevent evasion of the tax hereby imposed, it shall be presumed that all  conveyances are subject to the tax.  Where  the  consideration  includes  property  other  than money, it shall be presumed that the consideration  is the fair market value of the real property or interest therein. These  presumptions shall prevail until the contrary is proven, and the  burden  of proving the contrary shall be on the person liable for payment of the  tax.    * NB Repealed December 31, 2027    * NB There are 3 § 1439-d's

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Tax > Article-31a2-3 > 1439-d-3

* §  1439-d.  Liability for tax. 1. The real estate transfer tax shall  be paid by the grantee. If the grantee has failed to pay the tax imposed  pursuant to this article or if the grantee is exempt from such tax,  the  grantor  shall  have  the duty to pay the tax. Where the grantor has the  duty to pay the tax because the grantee has failed to pay the tax,  such  tax  shall  be  the  joint  and several liability of the grantee and the  grantor.    2. For the purpose of the proper administration of this article and to  prevent evasion of the tax hereby imposed, it shall be presumed that all  conveyances are subject to the tax.  Where  the  consideration  includes  property  other  than money, it shall be presumed that the consideration  is the fair market value of the real property or interest therein. These  presumptions shall prevail until the contrary is proven, and the  burden  of proving the contrary shall be on the person liable for payment of the  tax.    * NB Repealed December 31, 2027    * NB There are 3 § 1439-d's