Section 1439-D. Liability for tax  


Latest version.
  • 1. The real estate transfer tax shall
      be paid by the grantor. If the grantor has failed to pay the tax imposed
      pursuant to this article or if the grantor is exempt from such tax,  the
      grantee  shall  have  the duty to pay the tax. Where the grantee has the
      duty to pay the tax because the grantor has  failed  to  pay,  such  tax
      shall be the joint and several liability of the grantor and the grantee.
        2. For the purpose of the proper administration of this article and to
      prevent  evasion of the tax hereby authorized, 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        * NB Repealed December 31, 2011
        * NB There are 3 § 1439-d's