2023 New York Laws › TAX - Tax › Article 12 - Tax on Transfers of Stock and Other Corporate Certificates › 270-C - Transfers by Operation of Law; Special Exemptions.

§ 270-c.  Transfers  by  operation  of  law;  special  exemptions.  No
  transaction taxable under sections two hundred seventy and  two  hundred
  seventy-a  of this chapter shall be exempt because effected by operation
  of law. The tax imposed by sections two hundred seventy and two  hundred
  seventy-a  of  this  chapter  shall  not be imposed upon any delivery or
  transfer:
1. From a decedent to his executor or administrator;
2. From a minor to his guardian or from a guardian to  his  ward  upon
  attaining majority;
§   3.   From  an  incompetent  to  his  committee  or  similar  legal
  representative, or from a committee or similar legal representative to a
  former incompetent upon removal of disability;
4. From a conservatee to his conservator, or from a conservator  to  a
  former conservatee upon cessation of the conservatorship.
5.  From  a  bank,  trust  company,  financial  institution, insurance
  company, or other similar entity,  or  nominee,  custodian,  or  trustee
  therefor,  to  a  public  officer or commission, or person designated by
  such officer or commission or by a court, in  the  taking  over  of  its
  assets,  in  whole  or in part, under state or federal law regulating or
  supervising such institutions, nor upon redelivery or retransfer by  any
  such transferee or successor thereto;
6.  From a bankrupt or person in receivership due to insolvency to the
  trustee in bankruptcy or receiver, from such receiver to such trustee or
  from such trustee to such receiver, nor upon redelivery or retransfer by
  any such transferee or successor thereto;
7. From a transferee under paragraphs one to six,  inclusive,  to  his
  successor  acting  in  the  same capacity, or from one such successor to
  another;
8. From a foreign country or national thereof to the United States  or
  any agency thereof, or to the government of any foreign country directed
  pursuant  to  the authority vested in the president of the United States
  by section five (b) of the trading with the enemy act (40 Stat. 415), as
  amended by the first war powers act (55 Stat. 838);
9. From trustees to surviving, substitute,  succeeding  or  additional
  trustees of the same trust;
10. Upon the death of a joint tenant or tenant by the entirety, to the
  survivor or survivors.
11.  Made  in  obedience  to  an  order  of the Federal Securities and
  Exchange Commission which has become or becomes final in accordance with
  law, provided that such order recites that the delivery or  transfer  is
  necessary  or appropriate to effectuate the provisions of section eleven
  (b) of the Public  Utility  Holding  Company  Act  of  Nineteen  Hundred
  Thirty-five  and specifies and itemizes the securities which are ordered
  to be delivered or transferred;
12. Made to effectuate any plan of reorganization  or  adjustment  (1)
  confirmed  under  the act entitled "An act to establish a uniform system
  of bankruptcy  throughout  the  United  States,"  approved  July  first,
  eighteen  hundred  ninety-eight,  as  amended, (2) approved in an equity
  receivership proceeding in court involving a corporation, or  (3)  under
  sections  one  hundred  nineteen to one hundred twenty-three of the real
  property law or article nine of the stock corporation law.
13. Made to  effectuate  any  plan  of  reorganization  or  adjustment
  required  by  a  decree  of  the  court under the anti-trust laws of the
  United States or any territory thereof, or of any state or the  District
  of Columbia.
14.  Of  the  capital  stock of no more than one corporation organized
  under or subject to either articles three or seven of the  banking  law,
  delivered   or   transferred,   as   provided  in  section  one  hundred

  forty-three-a of the banking  law,  in  exchange  for  shares  or  other
  securities  of  a  company substantially all of the assets of which will
  consist of said capital stock immediately after such exchange.
The  tax commission may require that each such delivery or transfer be
  accompanied by a certificate setting forth the facts.