2012 New York Consolidated Laws
TAX - Tax
Article 31 - (1400 - 1421) REAL ESTATE TRANSFER TAX
1409 - Returns.

 
    § 1409. Returns. (a) A joint return shall be filed by both the grantor
  and  the grantee for each conveyance whether or not a tax is due thereon
  other than a conveyance of an easement or license to a public utility as
  defined in subdivision two of section one hundred eighty-six-a  of  this
  chapter  or to a public utility which is a provider of telecommunication
  services  as  defined  in  subdivision  one  of  section   one   hundred
  eighty-six-e  of this chapter, where the consideration is two dollars or
  less and is clearly stated as actual consideration in the instrument  of
  conveyance.  The return shall be filed with the recording officer before
  the instrument effecting the conveyance may be recorded. However, if the
  tax is paid to the commissioner pursuant to section fourteen hundred ten
  of this article, the return shall be filed with such commissioner at the
  time the tax is paid. In that instance, a receipt evidencing the  filing
  of  the  return and the payment of tax shall be filed with the recording
  officer before the instrument effecting the conveyance may be  recorded.
  The  recording officer shall handle such receipt in the same manner as a
  return filed with the recording officer.
    (b) The return shall be signed by both the grantor  and  the  grantee.
  Where  a  conveyance has more than one grantor or more than one grantee,
  the return shall be signed by all of such grantors and  grantees.  Where
  any  or all of the grantors or any or all of the grantees have failed to
  sign a return, it shall be accepted as a return if signed by any one  of
  the  grantors  or  by any one of the grantees.  Provided, however, those
  not signing the return shall not be relieved of any  liability  for  the
  tax imposed by this article and the period of limitations for assessment
  of tax or of additional tax shall not apply to any such party.
    (c)  Returns  shall  be preserved for three years and thereafter until
  the commissioner of taxation and finance permits them to be destroyed.
    (d) The commissioner shall prescribe  the  form  of  the  return,  the
  information  which  it  shall  contain  and the documentation that shall
  accompany the return.    The  commissioner  shall  prescribe  that,  for
  recorded conveyances, such return shall be included on the form required
  to  be  filed  with a conveyance of real property by section two hundred
  fifty-three-b  of  this  chapter   and   the   regulations   promulgated
  thereunder,  except  that such commissioner may prescribe a supplemental
  form for purposes of the tax imposed by this article when the conveyance
  is pursuant to or in lieu of foreclosure or the conveyance  consists  in
  part  of  a mere change of identity or form of ownership or organization
  or the conveyance is one for which a credit for tax previously paid will
  be claimed.   In  addition,  the  commissioner,  in  the  commissioner's
  discretion, may enter into an agreement with the chief fiscal officer of
  the cities of New York, Yonkers or Mount Vernon to provide that a single
  return  may  be  filed  with a recording officer for purposes of the tax
  imposed under this article and the tax imposed by such city.
    (e) Certifications. The making  or  filing  of  any  return  or  other
  document  or copy thereof, required to be made or filed pursuant to this
  article, shall constitute a certification by the person making or filing
  such return or other  document  or  copy  thereof  that  the  statements
  contained therein are true and that any copy filed is a true copy.