N.Y. Tax Law § 1439-ddd: Liability for tax

* § 1439-ddd. Liability for tax. 1. The real estate transfer tax shall

be paid by the grantee. If the grantee has failed to pay the tax imposed

pursuant to this article or if the grantee is exempt from such tax, the

grantor shall have the duty to pay the tax. Where the grantor has the

duty to pay the tax because the grantee has failed to pay the tax, such

tax shall be the joint and several liability of the grantee and the

grantor.

2. 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 subject to the tax. 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.

* NB Repealed December 31, 2045

* NB There are 2 § 1439-ddd's