2006 New York Code - Payment.



 
    §  11-2104  Payment.  The  tax  imposed hereunder shall be paid by the
  grantor to the commissioner of finance at the office of the register  in
  the  county  where  the  deed is or would be recorded within thirty days
  after the delivery of the deed by the grantor to the grantee but  before
  the  recording of such deed, or, in the case of a tax on the transfer of
  an economic interest in real property, at such place as the commissioner
  of finance shall designate, within thirty days after the  transfer.  The
  grantee  shall  also  be liable for the payment of such tax in the event
  that the amount of tax due is not paid by the grantor or the grantor  is
  exempt  from  tax.  All moneys received as such payments by the register
  during the preceding month shall be transmitted to the  commissioner  of
  finance  on  the  first  day  of  each  month or on such other day as is
  mutually agreeable to the commissioner of finance and the register. From
  the moneys so received by him or her, the commissioner of finance  shall
  set said in a special account:
    (1)  the  total  amount of taxes imposed pursuant to the provisions of
  paragraph three of subdivision a of  section  11-2102  of  this  chapter
  including any interest or penalties thereon;
    (2) fifty percent of the total amount of taxes imposed pursuant to the
  provisions of paragraph four of subdivision a of section 11-2102 of this
  chapter,  including  fifty percent of any interest or penalties thereon,
  provided, however, that where such tax is measured by the  consideration
  for  a  conveyance  without  deduction for the amount of any mortgage or
  other lien or encumbrance on the real property or interest therein which
  existed before the delivery of the deed and remains  thereon  after  the
  delivery  of  the  deed, the entire amount of tax imposed at the rate of
  one percent on the portion  of  the  consideration  ascribable  to  such
  nondeductible   mortgage,  lien  or  other  encumbrance,  including  any
  interest or penalties thereon, and fifty  percent  of  the  tax  on  the
  balance of the consideration, including fifty percent of any interest or
  penalties thereon, shall be set aside in such special account;
    (3) fifty percent of the total amount of taxes imposed pursuant to the
  provisions  of subparagraph (iii) of paragraph seven of subdivision a of
  section 11-2102 of this chapter, including fifty percent of any interest
  or penalties thereon;
    (4) fifty percent of the total amount of taxes imposed pursuant to the
  provisions of paragraph eight of subdivision a  of  section  11-2102  of
  this  chapter,  including  fifty  percent  of  any interest or penalties
  thereon;
    (5) fifty percent of the total amount of taxes imposed at the rate  of
  two  percent pursuant to the provisions of clause (ii) of subparagraph A
  of paragraph one of subdivision b of section  11-2102  of  this  chapter
  including fifty percent of any interest or penalties thereon;
    (6)  with  respect  to any conveyance of real property, transfer of an
  economic interest therein, or any grant, assignment or  surrender  of  a
  leasehold  interest  in  real  property,  made on or after August first,
  nineteen hundred eighty-nine and taxable under  this  chapter,  in  each
  instance  where  the  tax rate is in excess of two percent, a portion of
  the tax received equal to one percent of the  consideration  subject  to
  the tax plus any interest or penalty attributable to such portion of the
  tax; and
    (7)  notwithstanding  anything  in subdivision six to the contrary, in
  each instance where the tax rate imposed pursuant to  subdivision  e  of
  section  11-2102  of this chapter is in excess of one percent, a portion
  of the tax received equal to  one-half  of  one  percent  of  the  total
  consideration  for  the  real  property  or  economic  interest  therein
  conveyed or transferred, plus any interest or  penalty  attributable  to
  such portion of the tax.

Moneys in such account shall be used for payment by such commissioner to the state comptroller for deposit in the urban mass transit operating assistance account of the mass transportation operating assistance fund of any amount of insufficiency certified by the state comptroller pursuant to the provisions of subdivision six of section eight-eight-a of the state finance law, and, on the fifteenth day of each month, the commissioner of finance shall transmit all funds in such account on the last day of the preceding month, except the amount required for the payment of any amount of insufficiency certified by the state comptroller and such amount as he or she deems necessary for refunds and such other amounts necessary to finance the New York City transportation disabled committee and the New York City paratransit system as established by section fifteen-b of the transportation law, provided, however, that such amounts shall not exceed six percent of the total funds in the account but in no event be less than one hundred seventy-five thousand dollars beginning April first, nineteen hundred eighty-six, and further that beginning November fifteenth, nineteen hundred eighty-four and during the entire period prior to operation of such system, the total of such amounts shall not exceed three hundred seventy-five thousand dollars for the administrative expenses of such committee and fifty thousand dollars for the expenses of the agency designated pursuant to paragraph b of subdivision five of such section, and other amounts necessary to finance the operating needs of the private bus companies franchised by the city of New York and eligible to receive state operating assistance under section eighteen-b of the transportation law, provided, however, that such amounts shall not exceed four percent of the total funds in the account, to the New York city transit authority for mass transit within the city.

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