Section 1439-GG. Cooperative housing corporation transfers  


Latest version.
  • 1.
      Notwithstanding the definition of "controlling  interest"  contained  in
      subdivision  two  of  section  fourteen  hundred  thirty-nine-aa of this
      article or anything to the contrary contained  in  subdivision  five  of
      section fourteen hundred thirty-nine-aa of this article, the tax imposed
      pursuant  to  this article shall apply to (a) the original conveyance of
      shares of stock in a cooperative housing corporation in connection  with
      the  grant  or  transfer  of  a proprietary leasehold by the cooperative
      corporation  or  cooperative  plan  sponsor,  and  (b)  the   subsequent
      conveyance  of  such  stock  in  a  cooperative  housing  corporation in
      connection with the grant or transfer of a proprietary leasehold by  the
      owner  thereof. With respect to any such subsequent conveyance where the
      property is an individual residential unit, the  consideration  for  the
      interest  conveyed  shall exclude the value of any liens on certificates
      of  stock  or  other  evidences  of  an  ownership  interest  in  and  a
      proprietary  lease  from  a  corporation  or  partnership formed for the
      purpose of cooperative ownership of residential interest in real  estate
      remaining thereon at the time of conveyance. In determining the tax on a
      conveyance  described  in  paragraph  (a)  of this subdivision, a credit
      shall be allowed for a proportionate part of the amount of any tax  paid
      upon  the  conveyance to the cooperative housing corporation of the real
      property comprising the cooperative dwelling or dwellings to the  extent
      that  such  conveyance  effectuated a mere change of identity or form of
      ownership of such property and not a change in the beneficial  ownership
      of  such  property.  The  amount  of  the  credit shall be determined by
      multiplying  the  amount  of  tax  paid  upon  the  conveyance  to   the
      cooperative  housing corporation by a percentage representing the extent
      to which such conveyance effectuated a mere change of identity  or  form
      of  ownership  and  not  a  change  in  the beneficial ownership of such
      property, and then multiplying the resulting product by a fraction,  the
      numerator  of which shall be the number of shares of stock conveyed in a
      transaction described in paragraph (a)  of  this  subdivision,  and  the
      denominator of which shall be the total number of shares of stock of the
      cooperative  housing  corporation  (including  any  stock  held  by  the
      corporation). In no event, however, shall such credit reduce the tax, on
      a conveyance described in paragraph (a) of this subdivision, below zero,
      nor shall  any  such  credit  be  allowed  for  a  tax  paid  more  than
      twenty-four  months  prior  to  the  date on which occurs the first in a
      series of conveyances of shares of stock in an offering  of  cooperative
      housing   corporation   shares   described  in  paragraph  (a)  of  this
      subdivision.
        2. Every cooperative housing corporation shall be required to file  an
      information  return  with  the  treasurer by July fifteenth of each year
      covering the preceding period of January first  through  June  thirtieth
      and  by  January fifteenth of each year covering the preceding period of
      July first through December thirty-first. The return shall contain  such
      information   regarding  the  conveyance  of  shares  of  stock  in  the
      cooperative housing corporation as the  treasurer  may  deem  necessary,
      including,  but  not  limited  to,  the  names,  addresses  and employee
      identification numbers or social security numbers of the grantor and the
      grantee, the number of shares conveyed, the date of the  conveyance  and
      the consideration paid for such conveyance.
        * NB Repealed December 31, 2028