§ 1404 — Liability for tax

§ 1404. Liability for tax. * (a) The real estate transfer tax shall be\npaid by the grantor. If the grantor has failed to pay the tax imposed by\nthis article at the time required by section fourteen hundred ten of\nthis article or if the grantor is exempt from such tax, the grantee\nshall have the duty to pay the tax. Where the grantee has the duty to\npay the tax because the grantor has failed to pay, such tax shall be the\njoint and several liability of the grantor and the grantee.\n * NB Effective until July 1, 2021\n * (a) The real estate transfer tax imposed pursuant to section\nfourteen hundred two of this article shall be paid by the grantor and\nsuch tax shall not be payable, directly or indirectly, by the grantee\nexcept as provided in a contract between grantor and grantee or as\notherwise provided in this section. If the grantor has failed to pay the\ntax imposed by this article at the time required by section fourteen\nhundred ten of this article or if the grantor is exempt from such tax,\nthe grantee shall have the duty to pay the tax. Where the grantee has\nthe duty to pay the tax because the grantor has failed to pay, such tax\nshall be the joint and several liability of the grantor and the grantee;\nprovided that in the event of such failure, the grantee shall have a\ncause of action against the grantor for recovery of payment of such tax,\ninterest and penalties by the grantee. In the case of a conveyance of\nresidential real property as defined in subdivision (a) of section\nfourteen hundred two-a of this article, if the tax imposed by this\narticle is paid by the grantee pursuant to a contract between the\ngrantor and the grantee, the amount of such tax shall be excluded from\nthe calculation of consideration subject to tax under this article.\n * NB Effective July 1, 2021\n (b) For the purpose of the proper administration of this article and\nto prevent evasion of the tax hereby imposed, it shall be presumed that\nall conveyances are taxable. Where the consideration includes property\nother than money, it shall be presumed that the consideration is the\nfair market value of the real property or interest therein. These\npresumptions shall prevail until the contrary is proven, and the burden\nof proving the contrary shall be on the person liable for payment of the\ntax.\n