N.Y. Tax Law § 1449-dddd: Liability for tax

* § 1449-dddd. 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 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.

* NB Repealed December 31, 2050