§ 1410 — Payment

§ 1410. Payment. (a) The tax imposed hereunder shall be paid to the\ncommissioner, or to any agent of the commissioner appointed pursuant to\nsection fourteen hundred seven of this article, no later than the\nfifteenth day after the delivery of the instrument effecting the\nconveyance by the grantor to the grantee. For purposes of this article,\nthe date of the instrument effecting the conveyance shall be presumed to\nbe the date of delivery of such instrument. A notation shall be made (or\nstamps affixed) on the instrument effecting the conveyance as evidence\nof payment. The commissioner may provide for other methods of evidencing\npayment. Except as hereafter provided, all moneys received as such\npayments by the recording officer or any agent of the commissioner\nduring each month, excluding the fees retained by such recording officer\nor agent pursuant to subdivision (c) of section fourteen hundred seven\nof this chapter, shall be remitted to the commissioner on the tenth day\nof the succeeding month or on such other day as is set by regulation by\nthe commissioner. Provided, however, if the total of such payments\nrequired to be remitted to the commissioner by such recording officer or\nagent during the prior calendar year exceeded one million two hundred\nthousand dollars, all moneys received as such payments by such recording\nofficer or agent of the commissioner from the first through and\nincluding the fifteenth day of a month, excluding the fees retained by\nsuch recording officer or agent pursuant to subdivision (c) of section\nfourteen hundred seven of this chapter, shall be remitted to the\ncommissioner on the twenty-fifth day of the same month such moneys are\nreceived by such recording officer or agent. All moneys received as such\npayments by such recording officer or agent from the sixteenth through\nand including the last day of the month, excluding the fees retained by\nsuch recording officer or agent pursuant to subdivision (c) of section\nfourteen hundred seven of this chapter, shall be remitted to the\ncommissioner on the tenth day of the succeeding month.\n (b) A recording officer shall not record an instrument effecting a\nconveyance unless one of the following conditions is satisfied:\n (1) the instrument is accompanied by a receipt issued by the\ncommissioner pursuant to subdivision (c) of section fourteen hundred\ntwenty-three of this article; or\n (2) the return required by section fourteen hundred nine of this\narticle has been filed and the real estate transfer tax due, if any,\nshall have been paid as provided in this section.\n