reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter A - Sales And Use Taxes › Part 544 - Mobile Homes And Factory Manufactured Homes › Section 544.4 - Charges for installing, repairing, servicing and maintaining mobile homes and factory manufactured homes

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 1105(c)(3)
(a)
Mobile homes.
(1) The charge for installing a mobile home
				  on real property is excluded from the sales and use taxes. However, tangible
				  personal property purchased and used for the installation of a mobile home is
				  subject to the sales and use tax. Such tangible personal property includes but
				  is not limited to: concrete blocks, water and sewer pipes, steps, wind anchors,
				  electric cables, oil tanks and stands.
(i)
				  Where a contractor, subcontractor or repairman in installing a mobile home uses
				  items of tangible personal property belonging to the mobile homeowner, the
				  installation charge (labor) is not subject to the sales and use tax.
(ii) Where a contractor, subcontractor or
				  repairman installing a mobile home, uses items of tangible personal property
				  purchased by him for such installation, the charge to the owner of the mobile
				  home for the service of installing the mobile home (including materials used in
				  such installation and transferred to the owner in conjunction with the
				  performance of the service) is not subject to sales and use tax. The
				  contractor, subcontractor or repairman must pay tax on the materials at the
				  time of purchase.
(iii) Where a
				  dealer also acts as a contractor, subcontractor or repairman in the
				  installation of a mobile home, its charge to the purchaser of the mobile home
				  for such installation (including materials used in such installation and
				  transferred to the owner in conjunction with the performance of the service) is
				  not subject to sales and use tax. However, the dealer is liable for payment of
				  use tax on all materials it uses in such installation.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter A - Sales And Use Taxes › Part 560 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
By order filed April 16, 1987, Part 560 is repealed,
					 effective April 8, 1991; provided, however, that such repeal shall not affect
					 or impair any act done or suffered, right accruing, accrued or acquired, or
					 liability, penalty, forfeiture or punishment incurred prior to such repeal, but
					 the same may be enjoyed, asserted, enforced, prosecuted or inflicted, as fully
					 and to the same extent as if such repeal had not been effected. All actions and
					 proceedings, civil or criminal, commenced under or by virtue of such Part 560
					 and pending immediately prior to the fourth anniversary of the date of
					 termination following in 1991, or commenced thereafter may be presented and
					 defended to final effect in the same manner as they might if such Part 560 was
					 not so repealed.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter A - Sales And Use Taxes › Part 561 - Motor Fuel › Section 561.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, §§ 1101(b)(4), 1102(a), 1111, 1120(a)
(a) No person, unless registered as a
				  distributor under article 12-A of the Tax Law, shall import or cause any motor
				  fuel to be imported into New York State for use, distribution, storage or sale
				  in the State. Nor shall any person unless so registered produce, refine,
				  manufacture or compound motor fuel within the State.
(b)
(1)
				  Every distributor of motor fuel must pay a prepaid sales tax on each gallon of
				  motor fuel which it:
(i) imports or causes to
				  be imported into this State for use, distribution, storage or sale in the
				  State; or
(ii) produces, refines,
				  manufactures or compounds in this State.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter A - Sales And Use Taxes › Part 561 - Motor Fuel › Section 561.3 - Payment of prepaid tax

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, §§ 1101(b)(4)(ii), 1102, 1111(d)-(e), 1115(j),
					 1116(b)(5), 1132(h)-(i)
(a)
(1) Every distributor must pay a prepaid tax
				  on each gallon of motor fuel which it imports or causes to be imported into New
				  York State for use, distribution, storage or sale in the State. The prepaid
				  sales tax is imposed on the owner of the motor fuel being imported at the time
				  the off-loading of such motor fuel is commenced at or into any terminal,
				  facility or any other land-sited repository. The person who owns such fuel
				  while it is held in the truck, vessel or other means of transportation at the
				  time of the commencement of off-loading of the fuel is the party responsible
				  for the payment of the prepaid tax. In addition, if the party off-loading the
				  motor fuel is not a registered distributor, the party owning the motor fuel
				  after it is off-loaded shall be the party responsible for payment of the
				  tax.
(2) Section 1102  of the Tax Law also imposes a prepaid
				  tax on every gallon of motor fuel produced, refined, manufactured or compounded
				  in New York State.
(3) The prepaid
				  tax must be remitted with a monthly return which is required to be filed on or
				  before the 20th day of each month.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter A - Sales And Use Taxes › Part 561 - Motor Fuel › Section 561.4 - Presumption of taxability under section 1102

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 1132(h)
It is presumed that all motor fuel imported or caused to be
					 imported into this State or produced, refined, manufactured, compounded, sold,
					 received or possessed in this State by any person is subject to the tax
					 required to be prepaid pursuant to section 1102  of the Tax Law, and that such person
					 is responsible for the prepayment. This presumption shall not apply to motor
					 fuel delivered into the ordinary fuel tank connected with the engine of a means
					 of conveyance in order to propel it, or in containers of 10 gallons or less.
					 The burden of proof that any motor fuel is not so subject to the prepaid tax
					 required to be paid shall be upon the person so presumed to be responsible for
					 the payment thereof.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter A - Sales And Use Taxes › Part 561 - Motor Fuel › Section 561.5 - Certification of tax payment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
				  each sale of motor fuel, other than transfers made prior to or during the
				  importation of such fuel into this State and retail sales made in the State,
				  the seller is required to give to the purchaser at the time of delivery of the
				  motor fuel a certification:
(1) Where the
				  seller is the registered distributor responsible for payment of the motor fuel
				  tax required to be paid under article 12-A of the Tax Law and the prepaid tax
				  required to be paid by section 1102 of such law, such seller shall certify that
				  it has paid or it has assumed the liability for the payment of such taxes and
				  is passing through both such taxes to the purchaser.
(2) Where the seller is other than the
				  registered distributor responsible for payment of such taxes, such seller shall
				  certify that it is passing through both the motor fuel tax required to be paid
				  under article 12-A of the Tax Law and the prepaid tax required to be paid by
				  section 1102  of the Tax Law which taxes were both
				  previously paid or assumed by a registered distributor and passed through to
				  such seller.
Such certification shall be on the form prescribed by the
					 Department of Taxation and Finance for such purpose or incorporated, as
					 prescribed by the Department of Taxation and Finance, into an invoice or other
					 billing or shipping document. Also see section
					 561.6 
					 of this Part with respect to preliminary certifications of tax payment.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter A - Sales And Use Taxes › Part 561 - Motor Fuel › Section 561.8 - Use tax

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 1110
Every person who imports, causes to be imported, produces,
					 refines, manufacturers or compounds motor fuel within the State and every
					 purchaser of motor fuel for resale within the State or for immediate export
					 out-of-state for sale must pay use tax upon such motor fuel if the fuel is used
					 by them within the State. The use tax will be based upon the consideration paid
					 for the motor fuel, exclusive of the prepaid sales tax, the State motor fuel
					 tax imposed by article 12-A and, where applicable, the New York city tax on
					 leaded gasoline. In the case of the distributor who produces, refines,
					 manufactures or compounds motor fuel and then uses it, the use tax will be
					 based upon the price at which such distributor offers motor fuel for sale,
					 exclusive of the prepaid sales tax, the State motor fuel tax imposed by article
					 12-A and, where applicable, the New York City tax on leaded
					 gasoline.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter A - Sales And Use Taxes › Part 561 - Motor Fuel › Section 561.9 - Refunds and credits of prepaid tax-general

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to section
				  561.10 
				  of this Part, a refund or credit of prepaid tax will be allowed under certain
				  circumstances to the party which has paid or had passed through to it such
				  prepaid tax.
(b) A refund of
				  prepaid tax will be allowed only to the extent that the prepaid tax which has
				  been paid by or passed through to the claimant with respect to particular motor
				  fuel exceeds the liability for tax incurred by the claimant on the retail sale
				  or use of such motor fuel.
(c) A
				  claim for a credit of prepaid tax may not exceed the amount of such tax
				  actually paid by or passed through to the claimant with respect to particular
				  motor fuel.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter A - Sales And Use Taxes › Part 561 - Motor Fuel › Section 561.10 - Refund and credits allowable

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To sellers and users of motor fuel.
(1) A seller of motor fuel will be entitled
				  to a refund or credit of the amount of prepaid tax paid by or passed through to
				  it upon its acquisition of motor fuel against the amount of sales tax required
				  to be collected by an paid over by it to the Department of Taxation and Finance
				  upon the retail sale of such fuel.
(2) A seller of motor fuel is entitled to a
				  refund or credit of the prepaid tax which has been paid by or passed through to
				  it on the purchase of motor fuel it sells at retail to purchasers who are not
				  required to pay sales tax on retail purchases of motor fuel.
(3) A seller of motor fuel is entitled to a
				  refund or credit of the prepaid tax paid by or passed through to it on motor
				  fuel which it sells for immediate export from New York State without passing
				  the prepaid tax through to the purchaser in accordance with section
				  561.3(c) 
				  of this Part.
(4) Any person
				  required to pay use tax pursuant to section 1110  of the Tax Law with respect to the use
				  of motor fuel will be entitled to a refund or credit in the amount of prepaid
				  tax paid by or passed through to such person with respect to the motor fuel
				  against the amount of use tax owing on such fuel.
Example:A purchaser of a large volume of motor fuel
					 indicates to the vendor that the fuel is being purchased for resale.
					 Accordingly, the vendor passes through the prepaid tax on the motor fuel to the
					 purchaser. Subsequently, the purchaser uses some of the motor fuel in his own
					 vehicles. The purchaser may claim a refund or credit against his use tax
					 liability in the amount of prepaid tax passed through to him on the fuel which
					 he has used.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter A - Sales And Use Taxes › Part 561 - Motor Fuel › Section 561.13 - Registration, returns and reports

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, §§ 1134, 1135, 1136
(a)
Registration.
Every person selling motor fuel must register as a vendor
					 for sales tax purposes by filing a certificate of registration with the
					 Department of Taxation and Finance. No person may sell motor fuel in this State
					 unless such person has filed a certificate of registration on the form
					 prescribed therefor and has been issued a certificate of authority by the
					 Department of Taxation and Finance.
(b)
Returns and reports.
(1) Sales and use tax return. Every person
				  selling motor fuel must file a quarterly sales and use tax return except
				  persons qualified pursuant to section
				  533.3(d) 
				  of this Title to file an annual return. In addition to filing a quarterly
				  return, any person whose sales of automotive fuel total 100,000 gallons or more
				  in any quarter of the preceding four quarters, or whose receipts from sales of
				  motor fuel and taxable receipts, amusement charges and rents total $300,000 or
				  more in any quarter of the preceding four quarters, shall file a part quarterly
				  sales and use tax return monthly in accordance with Part 533 of this Title. All
				  returns and any related schedules must be prepared in accordance with
				  instructions provided by the Department of Taxation and Finance and must be
				  completed in full.
(2) Prepaid
				  sales tax reports. Every distributor of motor fuel and every person selling
				  motor fuel not exclusively at retail must file, in addition to any other
				  required sales tax return or report, a report of sales tax prepayment on motor
				  fuel on the form prescribed therefor. Such report must be filed monthly within
				  20 days after the end of the preceding month to which the report applies. All
				  reports and any related schedules must be prepared in accordance with
				  instructions provided by the Department of Taxation and Finance and must be
				  completed in full. The reports of distributors must be accompanied by payment
				  of the full amount of prepaid sales tax due.
(3) Inventory report of retail service
				  stations. Every retail vendor purchasing, selling or using motor fuel must
				  file, in addition to any other required sales tax returns or reports, a report
				  of motor fuel inventory in accordance with the instructions provided. Such
				  report must be filed quarterly within 25 days of the end of the sales tax
				  quarter covered by the report.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter A - Sales And Use Taxes › Part 561 - Motor Fuel › Section 561.14 - Civil penalties

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, §§ 1138(a)(3)(C), 1145(a)(1)(vii), (c), (e)
(a) The penalties referred to in the
				  following subdivisions of this section apply specifically to acts or omissions
				  of taxpayers in connection with the reporting or payment of taxes imposed on
				  motor fuel. They are in addition to the general penalty provisions of the Tax
				  Law, applicable to failure to comply with any of the provisions of articles 28
				  and 29 of the Tax Law, which may also apply to violations of the Tax Law
				  involving automotive fuel.
(b)
Possession of untaxed motor fuel by a filling station owner.
Any owner of a filling station who willfully and knowingly
					 has in its custody, possession or under its control any motor fuel upon which
					 the prepaid tax described in section
					 561.3  of
					 this Part has not been assumed or paid by a distributor registered as such
					 under article 12-A of the Tax Law, or has not been passed through to the owner
					 of the filling station as required by the Tax Law, shall be liable for a
					 penalty in the amount of twice the tax not assumed or paid or passed through.
					 Such penalty may be determined by the Department of Taxation and Finance within
					 three years of the date when such motor fuel came into the custody or
					 possession, or under the control, of the owner of the filling station. Such
					 penalty may be assessed and collected by the Department of Taxation and Finance
					 in the same manner as any taxes imposed by articles 28 and 29 of the Tax Law.
					 The Department of Taxation and Finance may, of its own motion, abate any part
					 of such penalty determined to be excessive or erroneous.
(1) A filling station owner shall willfully
				  and knowingly have in its custody, possession or under its control motor fuel
				  upon which the prepaid tax has not been assumed or paid by a registered
				  distributor or has not been passed through to the filling station owner as
				  required by the Tax Law when such owner is aware of the requirement that taxes
				  be prepaid on such motor fuel and knows that no such prepaid taxes have been
				  passed through to it.
(2) It shall
				  be presumptive evidence that such owner shall willfully and knowingly have in
				  its custody, possession or under its control motor fuel upon which the prepaid
				  tax has not been assumed or paid by a registered distributor or has not been
				  passed through to such owner as required by the Tax Law where the filling
				  station owner has not received the certification of tax payment described in
				  section
				  561.5 
				  of this Part at the time of delivery of such motor fuel or at such later time
				  as provided by section
				  561.6 
				  of this Part.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter A - Sales And Use Taxes › Part 561 - Motor Fuel › Section 561.15 - Diesel motor fuel

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided, the provisions of this Part
					 pertain to motor fuel and do not specifically apply to diesel motor fuel. See
					 sections 1102 and
					 1111 (e)  of the Tax Law for
					 the imposition of the prepaid tax on diesel motor fuel.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter A - Sales And Use Taxes › Part 561 - Motor Fuel › Section 561.16 - Fuel used for residential or other heating purposes

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 1101(b)(4)(ii)
(a) Kerosene, propane and fuel oil which are
				  used for residential or other heating purposes are not deemed to be motor fuel
				  for purposes of this Part. The prepaid tax is not required to be paid on such
				  fuels by distributors.
(b)
(1) A registered vendor who or which is
				  purchasing for resale any such heating fuels may purchase such fuel without
				  payment of the retail sales tax by presenting to the seller a properly
				  completed exemption certificate, upon such form as the Department of Taxation
				  and Finance may prescribe, stating that such fuel is purchased for resale,
				  together with such other information as may be requested thereon.
(2) A vendor who, in good faith, accepted the
				  certificate described in paragraph (1) of this subdivision from its purchaser
				  upon its sale of kerosene, propane or fuel oil to such purchaser is relieved of
				  its duty to collect tax upon the receipts from such sale.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter A - Sales And Use Taxes › Part 561 - Motor Fuel › Section 561.17 - Joint administration by the Department of Taxation and Finance of State and local sales and use, motor fuel and diesel motor fuel taxes

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 1142.11
(a)
General.
All of the functions of the Department of Taxation and
					 Finance under articles 12-a, 28 and 29 of the Tax Law shall, to the extent
					 practicable, be performed on a joint basis with respect to administration of
					 the State and local taxes imposed by or under the authority of those articles,
					 including assessment, collection, determination, credit or refund of such
					 taxes.
(b)
Returns and
				  payment.
The returns required under sections 287, 1136, 1137-A and
					 1251 (a)  of the Tax Law may be made in one return covering the prepaid tax and
					 State sales and use taxes imposed by article 28 of the Tax Law, local sales and
					 use taxes imposed pursuant to the authority of article 29 of the Tax Law and
					 the State and local taxes imposed by and pursuant to the authority of article
					 12-A of the Tax Law. Reporting and payment of such taxes on a joint basis shall
					 be made upon such returns as the Department of Taxation and Finance may
					 prescribe and pursuant to such terms and conditions as the department may
					 authorize. Any other returns, forms, statements, documents or information to be
					 submitted may where authorized by the department be made on a joint
					 basis.
(c) Where any person
				  who or which is registered as a distributor pursuant to the provisions of
				  article 12-A of the Tax Law fails to comply with any provisions of article
				  12-A, 28 or 29 of the Tax Law and the rules or regulations promulgated
				  thereunder relating to purchases, sales and uses of automotive fuel, including
				  but not limited to those provisions relating to the payment, collection and
				  remittance of any of the taxes imposed, the filing of returns and reports and
				  the maintenance of required records or the use of required or authorized
				  statements, certificates, affidavits or documents or requirements of filing
				  bonds or depositing securities, the Department of Taxation and Finance may
				  cancel or suspend such registration for purposes of the taxes imposed by and
				  pursuant to the authority of articles 12-A, 28 and 29 of the Tax Law. A notice
				  of cancellation or suspension or of proposed cancellation or suspension sent by
				  registered mail to the address of the distributor given in his application for
				  registration or last notification in writing to the department of change of
				  address pursuant to the provisions of article 12-A of the Tax Law, shall be
				  sufficient notice to the distributor of such administrative action or proposed
				  action.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter B - Real Estate Transfer Tax › Part 575 - General Provisions › Section 575.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, §§ 1401, 1402, 1405-B
As used in this Part, unless otherwise expressly stated,
					 the terms set forth in this section are defined as follows:
(a)
Person
means an
				  individual, partnership, society, association, joint stock company,
				  corporation, estate, receiver, trustee, assignee, referee or any other person
				  acting in a fiduciary or representative capacity, whether appointed by a court
				  or otherwise, any combination of individuals, and any other form of
				  unincorporated enterprise owned or conducted by two or more persons.
(b)
Controlling interest
means:
(1) in the case of a corporation,
				  either fifty percent or more of the total combined voting power of all classes
				  of stock of such corporation, or fifty percent or more of the capital, profits
				  or beneficial interest in such voting stock of such corporation; and
(2) in the case of a partnership,
				  association, trust or other entity, fifty percent or more of the capital,
				  profits or beneficial interest in such partnership, association, trust or other
				  entity. (See section
				  575.6  of
				  this Part.)
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter B - Real Estate Transfer Tax › Part 575 - General Provisions › Section 575.2 - Imposition of tax

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 1402
The real estate transfer tax is imposed on each conveyance
					 of real property or interest therein, including the conveyance of shares in a
					 cooperative housing corporation, when the consideration exceeds $500.00. The
					 rate of tax is $2.00 for each $500.00, or fractional part thereof, of such
					 consideration or value.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter B - Real Estate Transfer Tax › Part 575 - General Provisions › Section 575.4 - Liability for tax

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 1404
(a) The real estate transfer tax shall be
				  paid by the grantor. If the grantor has failed to pay the tax at the time
				  described in section
				  575.14  of this
				  Part or if the grantor is exempt from the tax, the grantee will have the duty
				  to pay the tax. Where the grantee has the duty to pay the tax because the
				  grantor has failed to pay, the tax is the joint and several liability of the
				  grantor and the grantee.
(b)
(1) Tax paid by grantee. Where a grantee
				  agrees, as part of the consideration for the conveyance, to pay the transfer
				  tax imposed by section 1402 
				  of the Tax Law and described in section
				  575.2  of this
				  Part, the tax is computed as follows:
(i)
				  Compute the tax based upon consideration exclusive of the transfer tax
				  liability assumed by the grantee.
(ii) Add the tax computed under (i) to the
				  consideration used in (i) and compute the tax on the total amount.
Example 1:
A one-family house, which is the grantor's residence, is
					 sold for $2,000,000. There are no liens or other encumbrances on the property
					 at the time of conveyance. The sales contract provides that the grantee will
					 pay the transfer tax for the grantor. The grantee would compute the tax as
					 follows:
$2,000,000 ÷ $500 = 4,000 × $2 = $8,000
$2,008,000 ÷ $500 = 4,016 × $2 = $8,032 Tax
					 Due
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter B - Real Estate Transfer Tax › Part 575 - General Provisions › Section 575.7 - Leases and subleases

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, §§ 1401(d), (e), (f)
(a) Creation of a taxable lease or sublease
				  not coupled with an option to purchase. The creation of a lease or sublease is
				  a conveyance subject to tax only where:
(1)
				  the sum of the term of the lease or sublease and any options for renewal
				  exceeds 49 years; and
(2)
				  substantial capital improvements are or may be made by or for the benefit of
				  the lessee or sublessee; and
(3)
				  the lease or sublease is for substantially all of the premises constituting the
				  real property.
Substantially all
means ninety percent or more
				  of the total rentable space of the premises, exclusive of common areas. For the
				  purpose of determining whether a lease or sublease is for substantially all of
				  the premises constituting the real property, premises shall include, but not be
				  limited to the following:
(i) an individual
				  building, except for space which constitutes an individual condominium or
				  cooperative unit;
(ii) an
				  individual condominium or cooperative unit; or
(iii) where a lease or sublease is of vacant
				  land only, any portion of such vacant land.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter B - Real Estate Transfer Tax › Part 575 - General Provisions › Section 575.8 - Cooperative housing corporation transfers

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 1405-B
(a) Notwithstanding the definition of
				  controlling interest contained in section
				  575.1(b) 
				  of this Part or anything to the contrary contained in section
				  575.1(e)(1) 
				  of this Part, the real estate transfer tax applies to:
(1) the original conveyance of shares of
				  stock in a cooperative housing corporation in connection with the grant or
				  transfer of a proprietary leasehold by the cooperative housing corporation or
				  cooperative plan sponsor; and
(2)
				  the subsequent conveyance of such stock in a cooperative housing corporation in
				  connection with the grant or transfer of a proprietary leasehold by the owner
				  thereof.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter B - Real Estate Transfer Tax › Part 575 - General Provisions › Section 575.9 - Exemptions and non-taxable transactions

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 1405
(a) Certain governmental organizations or
				  entities are exempt from the payment of the real estate transfer tax. In
				  addition, there are certain types of transactions to which this tax does not
				  apply.
(b) The exemption for
				  certain governmental organizations or entities does not extend to the grantee:
				  that is, if the exempt governmental entity conveys title to real property to a
				  nonexempt individual or entity, there will be a tax due which is payable by the
				  grantee. The exemption for governmental organizations or entities includes the
				  following:
(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. A public corporation
				  includes a public benefit corporation such as the Urban Development
				  Corporation. (For a full definition of public corporation, see section 66  of the General Construction
				  Law);
(2) the United Nations;
				  and
(3) the United States of
				  America and any of its agencies or instrumentalities.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter B - Real Estate Transfer Tax › Part 575 - General Provisions › Section 575.10 - Mere change of identity

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 1405(b)(6)
To the extent that a conveyance effectuates a mere change
					 of identity or form of ownership or organization and there is no change in
					 beneficial ownership, the real estate transfer tax does not apply. Examples of
					 transactions where the issue of change in beneficial ownership would arise
					 include the following:
(a) the
				  conveyance by tenants-in-common of their interest in real property to a
				  partnership or a corporation, the partnership or corporation interests being in
				  the same pro rata shares as the tenants-in-common held prior to conveyance.
				  Such conveyance is not taxable as there is no change in beneficial
				  ownership;
(b) the conveyance by a
				  corporation to its shareholders who will hold the real property as
				  tenants-in-common in the same pro rata share as they own the corporation. Such
				  conveyance is not taxable as there is no change in beneficial
				  ownership;
(c) the conveyance by a
				  corporation to its wholly-owned subsidiary, from a wholly-owned subsidiary to
				  its parent, or from one wholly-owned subsidiary to another. Such conveyance is
				  not taxable to the extent that there is no change in beneficial
				  ownership;
(d) the conveyance by a
				  person to a partnership in exchange for an interest in the partnership. Such
				  conveyance is not taxable to the extent of the grantor's interest in the
				  partnership.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter B - Real Estate Transfer Tax › Part 575 - General Provisions › Section 575.13 - Credit for prior transfer tax paid

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 1405-A
(a) A grantor is allowed a credit against the
				  tax due on a conveyance of real property to the extent that tax was paid by the
				  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 to purchase all or a
				  portion of the same real property.
(b) The credit is computed by multiplying the
				  tax paid on the creation of the leasehold or on the granting of an option or
				  contract by a fraction, the numerator of which is the value of the
				  consideration used to compute the tax paid which is not yet due to the grantor
				  on the date of the subsequent conveyance (and which the grantor will not be
				  entitled to receive after such date), and the denominator of which is the total
				  value of the consideration used to compute the tax paid.
Example:
A, the owner of real property, leased the property to B for
					 $400,000 consideration, which was to be paid to A over the term of the lease.
					 Under the terms of the lease, B was provided an option to purchase the
					 property. A paid a real estate transfer tax of $1600 based upon the $400,000
					 consideration. Several years later, before the expiration of the lease, B
					 exercised the option and purchased the property from A. Up to the date of the
					 sale, A had received $300,000 of the total $400,000 consideration. As a result
					 of the sale, A was not entitled to receive the remaining $100,000 of
					 consideration. A is entitled to a credit against the transfer tax due on the
					 sale of the property computed as follows: $100,000 ÷ $400,000 × $1600 = $400
					 credit
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter B - Real Estate Transfer Tax › Part 575 - General Provisions › Section 575.14 - Returns

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, §§ 1409, 1410, 1415(c), 1419(c)
(a)
(1)
				  Except as provided in paragraph (2) of this subdivision, the grantor and
				  grantee must file a joint return for each conveyance whether or not tax is due.
				  The return must be made on a form prescribed by the department.
(2) The filing of a joint return by the
				  grantor and grantee as described in paragraph (1) of this subdivision is not
				  required for a conveyance of an easement, or license to a public utility as
				  defined in subdivision 2 of section 186-a  of the Tax Law, if each of the
				  following conditions are met:
(i) the
				  consideration for the easement or license is $2 or less; and
(ii) such consideration is clearly stated in
				  the instrument of conveyance.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter B - Real Estate Transfer Tax › Part 575 - General Provisions › Section 575.15 - Determination of tax

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, §§ 1411, 1420
(a) If the required return is not filed, or
				  if a filed return is incorrect or incomplete, the department will determine the
				  tax due from whatever records and information are available, including the
				  assessed valuation of the real property or interest therein and other
				  appropriate factors. Notice of such determination will be given to the person
				  liable for the payment of the tax.
(b) The provisions of the Civil Practice Law
				  and Rules, or any other law relative to limitations of time for the enforcement
				  of a civil remedy, do not apply to any proceeding or action taken by New York
				  State or the Commissioner to levy, appraise, assess, determine or enforce the
				  collection of any tax or penalty provided by Article 31 of the Tax Law. No
				  determination of tax due shall be made after the expiration of more than three
				  years from the date of the filing of a return; provided, however, that where no
				  return has been filed as provided by law or in the case of a willfully false or
				  fraudulent return, the tax may be assessed at any time.
(c) Where, before the expiration of the
				  period prescribed for the determination of tax due, a taxpayer has consented in
				  writing that such period be extended, the amount of any tax due may be
				  determined at any time within such extended period. The period so extended may
				  be further extended by subsequent consents in writing made before the
				  expiration of the extended period.
(d) The notice of determination finally and
				  irrevocably fixes the tax unless:
(1) The
				  person assessed petitions the Division of Tax Appeals for a hearing within 90
				  days from the date of the notice; or
(2) The department redetermines the amount of
				  tax due. In any case before the Division of Tax Appeals, the burden of proof is
				  on the petitioner. After a hearing has been held, the Division of Tax Appeals
				  shall provide copies of the determination of the administrative law judge to
				  the petitioner and to the department. The determination of the administrative
				  law judge may be reviewed by the Tax Appeals Tribunal as provided by section
				  2006.7 of the Tax Law. Furthermore, the petitioner can petition for a judicial
				  review of the decision of the Tax Appeals Tribunal as provided by section 2016 
				  of the Tax Law. (See Part 3000 of this Title.)
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter B - Real Estate Transfer Tax › Part 575 - General Provisions › Section 575.17 - Remedies exclusive

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 1413
The remedies provided by sections
					 575.15 and
					 575.16  of this
					 Part are the exclusive remedies available to any person for the review of tax
					 liability imposed by Article 31 of the Tax Law. No determination or proposed
					 determination of tax or determination on any application for refund may be
					 enjoined or reviewed by any action for declaratory judgment, an action for
					 money had and received, or by any action or proceeding other than a proceeding
					 under article 78 of the Civil Practice Law and Rules.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter B - Real Estate Transfer Tax › Part 575 - General Provisions › Section 575.18 - Designation of agents

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 1407
The recording officers in New York State are hereby
					 designated and shall act as the agents of the commissioner to collect the real
					 estate transfer tax. All such agents shall collect the tax and show payment in
					 the manner authorized by the department. The department shall notify each such
					 agent in writing of the method for collecting the tax, noting payment of the
					 tax, and paying it over to the department.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter B - Real Estate Transfer Tax › Part 575 - General Provisions › Section 575.19 - Liability of recording officer

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 1408
A recording officer, or any other person designated to act
					 as an agent, is not liable for any inaccuracy in the amount of tax collected so
					 long as the tax is computed and collected on the amount of consideration, or
					 the value of the interest conveyed, as stated on the return required to be
					 filed pursuant to section
					 575.14  of this
					 Part.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter B - Real Estate Transfer Tax › Part 575 - General Provisions › Section 575.20 - Interest and civil penalties

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 1416
(a) If it is determined that there has been
				  an underpayment of tax, interest is due at the underpayment rate on the amount
				  of tax not paid. If any amount of tax is not paid on or before the last date
				  prescribed for payment in section
				  575.14  of this
				  Part, such interest on the tax not paid is due for the period from such last
				  date to the date paid.
(b) For the
				  underpayment rate of interest, see Part 2393 of this Title. Interest of less
				  than one dollar will not be paid.
(c) Any grantor or grantee who fails to file
				  a return or pay any tax due within the time required by section
				  575.14  of this
				  Part is subject to a penalty of 10 percent of the amount of tax due. In
				  addition, there is imposed an interest penalty of 2 percent of the amount of
				  tax due per month of delay or fraction thereof after the expiration of the
				  first month after such return was required to be filed or such tax became due.
				  Such interest penalty may not exceed 25 percent. If the commissioner determines
				  that the failure to timely file a return or pay any tax was due to reasonable
				  cause and not due to willful neglect, the commissioner shall remit, abate or
				  waive all of such penalty and interest penalty.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter D - Mortgage Recording Taxes › Part 640 - Scope › Section 640.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, §§ 253, 257
The mortgage recording taxes are taxes imposed on the
					 recording of a mortgage on real property situated in New York State. The taxes
					 are paid to the recording officer of any county in which the real property or
					 any part thereof is situated, at the time the mortgage is recorded, or in the
					 case of certain corporate trust mortgages at or before the time a further
					 amount is to be advanced, accrues or becomes secured.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter D - Mortgage Recording Taxes › Part 640 - Scope › Section 640.2 - Mortgage recording taxes

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, §§ 253, 253-a, 253-d, 253-e
(a) There are six mortgage recording taxes
				  that may be imposed and they shall be known, for purposes of this Subchapter as
				  follows:
(1) the basic tax (imposed by section
				  253[1] of the Tax
				  Law);
(2) the additional tax
				  (imposed by section
				  253[2] of the Tax
				  Law);
(3) the special additional
				  tax (imposed by section
				  253[1-a] of the Tax
				  Law)
(4) the City of New York tax
				  authorized to be imposed by section 253-a  of the Tax Law and imposed by
				  section 11-2601 of the New York City Administrative Code);
(5) the City of Yonkers tax (authorized to be
				  imposed by section 253-d  of the Tax Law and imposed by
				  section 92-123 of the Code of the City of Yonkers); and
(6) the Broome County tax (authorized to be
				  imposed by section 253-e  of the Tax Law and imposed by Local
				  Law INTRO. No. 9, adopted July 21, 1994)
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter D - Mortgage Recording Taxes › Part 641 - Definitions › Section 641.1 - Commissioner defined

Current through Register Vol. 46, No. 28, July 10, 2024
Commissioner means the Commissioner of Taxation and
					 Finance.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter D - Mortgage Recording Taxes › Part 641 - Definitions › Section 641.2 - Department defined

Current through Register Vol. 46, No. 28, July 10, 2024
Department means the Department of Taxation and
					 Finance.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter D - Mortgage Recording Taxes › Part 641 - Definitions › Section 641.3 - Tax district defined

Current through Register Vol. 46, No. 28, July 10, 2024
Tax Law, § 250
Tax district
means a city or
					 town.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter IV - Sales And Use And Other Miscellaneous Taxes › Subchapter D - Mortgage Recording Taxes › Part 641 - Definitions › Section 641.4 - Recording officer defined

Current through Register Vol. 46, No. 28, July 10, 2024
Recording officer means the county clerk of the county,
					 except in a county having a register or registrar, where it means the register
					 or registrar of the county, or in the City of New York, where it means the city
					 register.