Section 1448-J. 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.