§ 258-A — Payment of tax on instruments not recorded

New York § 258-A

• Jurisdiction: New York
• Law TAX: Tax
• Art. 11: Tax On Mortgages

Text

§ 258-a. Payment of tax on instruments not recorded. An instrument\ntaxable under this article but which is not entitled to be recorded, may\nnevertheless be presented to the recording officer of the county in\nwhich the real property or any part thereof affected by said instrument\nis situated, and there may be paid to such officer the amount of the tax\nwhich would be payable under this article on the recording of such\ninstrument if the same were entitled to be recorded. Such officer shall\nreceive such amount and such payment shall have the same force and\neffect, so far as this article is concerned, as if such instrument had\nbeen duly recorded and the tax thereon paid. It shall be the duty of the\nrecording officer to indorse upon the instrument a receipt for the\namount of the tax so paid. A copy of each instrument upon which the tax\nis paid as above provided shall be filed with the recording officer and\npreserved among his mortgage tax records.\n Where an unrecorded instrument subject to the tax imposed by this\narticle has been lost or destroyed, the tax commission, upon\npresentation of proper proofs, may determine the taxable amount of such\ninstrument and by order authorize the recording officer to receive and\nreceipt for such tax as fully and with the same force and effect, so far\nas this article is concerned, as if the instrument had been duly\nrecorded and the tax thereon paid.\n The filing or recording of a notice of the payment of tax under this\nsection is ineffective to give notice under article nine of the real\nproperty law of any estate or interest in the real property affected by\nthe instrument on which tax is being paid or to create a duty of inquiry\nwith regard thereto.\n