2022 New York Laws
TAX - Tax
Article 31 - Real Estate Transfer Tax
1410 - Payment.

§  1410.  Payment.  (a) The tax imposed hereunder shall be paid to the
commissioner, or to any agent of the commissioner appointed pursuant  to
section  fourteen  hundred  seven  of  this  article,  no later than the
fifteenth day  after  the  delivery  of  the  instrument  effecting  the
conveyance  by the grantor to the grantee. For purposes of this article,
the date of the instrument effecting the conveyance shall be presumed to
be the date of delivery of such instrument. A notation shall be made (or
stamps affixed) on the instrument effecting the conveyance  as  evidence
of payment. The commissioner may provide for other methods of evidencing
payment.  Except  as  hereafter  provided,  all  moneys received as such
payments by the recording officer  or  any  agent  of  the  commissioner
during each month, excluding the fees retained by such recording officer
or  agent  pursuant to subdivision (c) of section fourteen hundred seven
of this chapter, shall be remitted to the commissioner on the tenth  day
of  the succeeding month or on such other day as is set by regulation by
the commissioner. Provided, however,  if  the  total  of  such  payments
required to be remitted to the commissioner by such recording officer or
agent  during  the  prior calendar year exceeded one million two hundred
thousand dollars, all moneys received as such payments by such recording
officer or  agent  of  the  commissioner  from  the  first  through  and
including  the  fifteenth day of a month, excluding the fees retained by
such recording officer or agent pursuant to subdivision (c)  of  section
fourteen  hundred  seven  of  this  chapter,  shall  be  remitted to the
commissioner on the twenty-fifth day of the same month such  moneys  are
received by such recording officer or agent. All moneys received as such
payments  by  such recording officer or agent from the sixteenth through
and including the last day of the month, excluding the fees retained  by
such  recording  officer or agent pursuant to subdivision (c) of section
fourteen hundred seven  of  this  chapter,  shall  be  remitted  to  the
commissioner on the tenth day of the succeeding month.
  (b)  A  recording  officer  shall not record an instrument effecting a
conveyance unless one of the following conditions is satisfied:
  (1)  the  instrument  is  accompanied  by  a  receipt  issued  by  the
commissioner  pursuant  to  subdivision  (c) of section fourteen hundred
twenty-three of this article; or
  (2) the return required by  section  fourteen  hundred  nine  of  this
article  has  been  filed  and the real estate transfer tax due, if any,
shall have been paid as provided in this section.