Section 1449-GG. Cooperative housing corporation transfers  


Latest version.
  • 1.
      Notwithstanding the definition of "controlling  interest"  contained  in
      subdivision  two  of  section  fourteen  hundred  forty-nine-aa  of this
      article or anything to the contrary contained  in  subdivision  five  of
      section  fourteen hundred forty-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, 2030