2021 New York Laws
TAX - Tax
Article 31 - Real Estate Transfer Tax
1404 - Liability for Tax.

§  1404.  Liability  for tax. (a) The real estate transfer tax imposed
pursuant to section fourteen hundred two of this article shall  be  paid
by  the  grantor  and  such  tax  shall  not  be  payable,  directly  or
indirectly, by the grantee except as  provided  in  a  contract  between
grantor  and  grantee  or  as otherwise provided in this section. If the
grantor has failed to pay the tax imposed by this article  at  the  time
required  by  section  fourteen  hundred  ten  of this article or if the
grantor is exempt from such tax, the grantee shall have the duty to  pay
the  tax.  Where  the  grantee  has  the duty to pay the tax because the
grantor has failed to pay, such tax  shall  be  the  joint  and  several
liability  of the grantor and the grantee; provided that in the event of
such failure, the grantee shall have  a  cause  of  action  against  the
grantor  for  recovery of payment of such tax, interest and penalties by
the grantee. In the case of a conveyance of residential real property as
defined in subdivision (a) of section fourteen  hundred  two-a  of  this
article,  if  the  tax  imposed  by  this article is paid by the grantee
pursuant to a contract between the grantor and the grantee,  the  amount
of  such  tax  shall  be  excluded from the calculation of consideration
subject to tax under this article.
  (b) For the purpose of the proper administration of this  article  and
to  prevent evasion of the tax hereby imposed, it shall be presumed that
all conveyances are taxable. Where the consideration  includes  property
other  than  money,  it  shall be presumed that the consideration is the
fair market value of  the  real  property  or  interest  therein.  These
presumptions  shall prevail until the contrary is proven, and the burden
of proving the contrary shall be on the person liable for payment of the
tax.