Section 1404. Liability for tax  


Latest version.
  • (a) The real estate transfer tax shall be
      paid by the grantor.  If the grantor has failed to pay the  tax  imposed
      by  this article at the time required by section fourteen hundred ten of
      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.
        (b) 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.