N.Y. Tax Law § 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.