Section 1449-L. Cooperative housing corporation transfers  


Latest version.
  • 1.
      Notwithstanding the definition of "controlling  interest"  contained  in
      subdivision two of section fourteen hundred forty-nine-f of this article
      or  anything  to  the  contrary contained in subdivision five of section
      fourteen hundred forty-nine-f 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 thirty-first
      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.