Section 1439-D. 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 subject to the tax.  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        * NB Repealed December 31, 2027
        * NB There are 3 § 1439-d's