Section 1449-DDDD. Liability for tax  


Latest version.
  • 1. The real estate transfer tax
      shall be paid by the grantee. If the grantee has failed to pay  the  tax
      imposed  pursuant  to this article or if the grantee is exempt from such
      tax, the grantor shall have the duty to pay the tax. Where  the  grantor
      has  the  duty  to pay the tax because the grantee has failed to pay the
      tax, such tax shall be the joint and several liability  of  the  grantee
      and the grantor.
        2. For the purpose of the proper administration of this article and to
      prevent evasion of the tax hereby imposed, 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        * NB Repealed December 31, 2025