Section 1564. Exemptions  


Latest version.
  • 1. The following shall be exempt from the payment
      of the tax:
        (a) The state of New York, or any of its agencies,  instrumentalities,
      political  subdivisions,  or  public  corporations  (including  a public
      corporation created pursuant to an agreement  or  compact  with  another
      state or the Dominion of Canada); and
        (b)  The  United  Nations,  the United States of America or any of its
      agencies or instrumentalities.
        2. The tax shall not apply to any of the following conveyances:
        (a) Conveyances to the United Nations, the United States  of  America,
      the  state  of  New York, or any of their instrumentalities, agencies or
      political subdivisions or any public  corporation  (including  a  public
      corporation  created pursuant to agreement or compact with another state
      or the Dominion of Canada);
        (b) Conveyances which are or were used  to  secure  a  debt  or  other
      obligation;
        (c)  Conveyances  which,  without  additional  consideration, confirm,
      correct, modify or supplement a deed previously recorded;
        (d) Conveyances of real property without consideration  and  otherwise
      than in connection with a sale, including deeds conveying realty as bona
      fide gifts;
        (e) Conveyances given in connection with a tax sale;
        (f)  Conveyances  to  effectuate  a mere change of identity or form of
      ownership or  organization  where  there  is  no  change  in  beneficial
      ownership,  other  than conveyances to a cooperative housing corporation
      of the real property comprising the cooperative dwelling or dwellings;
        (g) Conveyances which consist of a deed of partition;
        (h) Conveyances given pursuant to the federal bankruptcy act;
        (i) Conveyances of real property which consist of the execution  of  a
      contract  to  sell  real  property  without the use or occupancy of such
      property or the granting of an option to purchase real property  without
      the use or occupancy of such property;
        (j)  Conveyances  of  real  property,  where the entire parcel of real
      property to be conveyed is the subject of one or more of  the  following
      development restrictions:
        (1) agricultural, conservation, scenic, or open space easement,
        (2)  covenants  or  restrictions  prohibiting  development  where  the
      property being conveyed  has  had  its  development  rights  permanently
      removed,
        (3)  a  purchase  of  development  rights agreement where the property
      being conveyed has had its development rights permanently removed,
        (4) a transfer of development rights  agreement,  where  the  property
      being conveyed has had its development rights permanently removed, or
        (5)  real  property  subject  to any locally adopted land preservation
      agreement; provided that the municipal legislative body exempts from the
      tax those conveyances subject to such  development  restriction  in  the
      local law adopted pursuant to this article;
        (k)  Conveyances  of  real  property,  where  the  property  is viable
      agricultural land as defined  in  subdivision  seven  of  section  three
      hundred  one of the agriculture and markets law, and the entire property
      to be conveyed  is  to  be  made  subject  to  one  of  the  development
      restrictions provided for in paragraph (j) of this subdivision; provided
      that  such  development  restriction  precludes  the  conversion  of the
      property to a non-agricultural use for at least  eight  years  from  the
      date  of transfer, and that said development restriction is evidenced by
      an easement, agreement, or other suitable  instrument  which  is  to  be
      conveyed  to  the municipality simultaneously with the conveyance of the
      real property; or
    
        (l) Conveyances of real property for open space,  parks,  or  historic
      preservation  purposes  to  any  not-for-profit  tax  exempt corporation
      operated for conservation, environmental, parks or historic preservation
      purposes.
        3.  An exemption from the tax which is equal to the median sales price
      of residential real property within the  applicable  town  or  city,  as
      determined   by  the  office  of  real  property  services  pursuant  to
      procedures adopted for this purpose by the state board of real  property
      services  established  pursuant  to article two of the real property tax
      law, shall be allowed on the consideration of the conveyance of improved
      or unimproved real property or an interest therein.