NY State — TAX

§ 1402-A — Additional tax

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What is NY TAX § 1402-A?

Quick Answer

Tax Law § 1402-a is the New York "mansion tax." It adds a tax of one percent of the consideration on every conveyance of residential real property where the consideration for the entire conveyance is $1 million or more, covering a one, two or three-family house, an individual condominium unit, or a cooperative apartment. The grantee pays it; if the grantee does not, the grantor becomes jointly and severally liable.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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Effective: 2019-07-05Last amended: L 1989, ch 61 (mansion tax enacted; § 1402-a added)

§ 1402-A Additional tax

TAX § 1402-A · effective 2019-07-05

§ 1402-a. Additional tax.

(a)In addition to the tax imposed by section fourteen hundred two of this article, a tax is hereby imposed on each conveyance of residential real property or interest therein when the consideration for the entire conveyance is one million dollars or more. For purposes of this section, residential real property shall include any premises that is or may be used in whole or in part as a personal residence, and shall include a one, two, or three-family house, an individual condominium unit, or a cooperative apartment unit. The rate of such tax shall be one percent of the consideration or part thereof attributable to the residential real property. Such tax shall be paid at the same time and in the same manner as the tax imposed by section fourteen hundred two of this article.

(b)Notwithstanding the provisions of subdivision (a) of section fourteen hundred four of this article, the additional tax imposed by this section shall be paid by the grantee. If the grantee 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 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, such tax shall be the joint and several liability of the grantor and the grantee.

(c)Except as otherwise provided in this section, all the provisions of this article relating to or applicable to the administration, collection, determination and distribution of the tax imposed by section fourteen hundred two of this article shall apply to the tax imposed under the authority of this section with such modifications as may be necessary to adapt such language to the tax so authorized. Such provisions shall apply with the same force and effect as if those provisions had been set forth in this section except to the extent that any provision is either inconsistent with a provision of this section or not relevant to the tax authorized by this section.

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