N.Y. Laws » CHAPTER Tax / ARTICLE Tax On Real Estate Transfers In the Town of Brookhaven
New York Consolidated Laws

N.Y. Tax Law § 1441 (2026)

Imposition of tax

✓ current as of May 2026
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* § 1441. Imposition of tax. Notwithstanding any other provisions of
law to the contrary, the town, acting through its town board, is hereby
authorized and empowered to adopt a local law imposing in such town a
tax on each conveyance of real property or interest therein where the
consideration exceeds five hundred dollars, at the rate of two percent
of the consideration for such conveyance. Provided, however, any such
local law imposing, repealing or reimposing such tax shall be subject to
a mandatory referendum pursuant to section twenty-three of the municipal
home rule law. Notwithstanding the foregoing, prior to adoption of such
local law, the town must establish a community preservation fund
pursuant to section sixty-four-f of the town law. Revenues from such tax
shall be deposited in such fund and may be used solely for the purposes
of such fund. Such local law shall apply to any conveyance occurring on
or after the first day of a month to be designated by such town board,
which is not less than sixty days after the enactment of such local law,
but shall not apply to conveyances made on or after such date pursuant
to binding written contracts entered into prior to such date, provided
that the date of execution of such contract is confirmed by independent
evidence such as the recording of the contract, payment of a deposit or
other facts and circumstances as determined by the treasurer.
  * NB Repealed December 31, 2025
Notes of Decisions
Cited in 37 cases, 1984–1997 · leading case: Morgan Guar. Trust Co. v. Tax Appeals Tribunal of the New York State Dep't of Taxation & Fin., 599 N.E.2d 656 (N.Y. 1992).
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Morgan Guar. Trust Co. v. Tax Appeals Tribunal of the New York State Dep't of Taxation & Fin., 599 N.E.2d 656 (N.Y. 1992). · cites it 3× “*47 The New York tax is imposed on the gain derived from a property transfer (Tax Law § 1441; see, Trump v Chu, 65 NY2d 20 , 23, appeal dismissed 474 US 915 ).”
In Re Jacoby-Bender, Inc., 40 B.R. 10 (Bankr. E.D.N.Y. 1984). · cites it 2× “1983-84); and the New York State Capital Gains Tax, N.Y.Tax Law § 1441 (McKinney Supp.1983-84).”
Krohn v. Cromer (In Re Cromer), 214 B.R. 86 (Bankr. E.D.N.Y. 1997). “N.Y. Tax Law §§ 1441 , 1443 (McKinney) (repealed 1996).”
Auerbach v. State Tax Comm'n, 142 A.D.2d 390 (N.Y. App. Div. 3d Dep't 1988). · cites it 2× “Petitioner claimed that the $988,000 was the consideration he received for the assignment and, since *392 this figure was less than $1,000,000 (see, Tax Law § 1443), he was exempt from having to pay a real property transfer gains tax (see, Tax Law § 1441). The Department’s Audit…”
Canet v. Gooch Ware Travelstead, 917 F. Supp. 969 (E.D.N.Y 1996). “N.Y.Tax L. § 1441 provides for a ten percent tax on the gain from the transfer of real property.”
Heller v. State, 611 N.E.2d 770 (N.Y. 1993). · cites it 2× “In addition, a comparison of Tax Law § 1441 dealing with real property transfer gains taxes and Tax Law § 1402 dealing with real estate transfer taxes supports the conclusion that the transfer gains tax is not a transfer tax incurred in connection with the transfer of real…”
Bombart v. Tax Comm'n, 132 A.D.2d 745 (N.Y. App. Div. 3d Dep't 1987). “The tax is on "gains derived from the transfer of real property within the state” (Tax Law § 1441 [emphasis supplied]), not on transfers of improved, subdivided parcels thereof.”
Vast Goed v. Tax Comm'n, 146 A.D.2d 155 (N.Y. App. Div. 3d Dep't 1989). “A 10% gains tax attends a transfer of real property in this State for values in excess of $1,000,000, payable by the transferor (Tax Law §§ 1441, 1443 [1]). A "transfer of real property” is broadly defined as "the transfer or transfers of any interest in real property by any…”
995 Fifth Avenue Assocs., L.P. v. New York State Dep't of Taxation & Fin. (In Re 995 Fifth Avenue Assocs., L.P.), 116 B.R. 384 (Bankr. S.D.N.Y. 1990). “1990) (Section 1146(c)) exempts a debtor in possession from payment of the tax imposed on the gains derived from the transfer of real property within the State of New York pursuant to N.Y.Tax Law § 1441 (McKinney 1987) (the Gains Tax).”
Cove Hollow Farm, Inc. v. State of New York Tax Comm'n, 146 A.D.2d 49 (N.Y. App. Div. 3d Dep't 1989). “The individual sales petitioner made would each be subject to the tax under Tax Law § 1441, except for the exemption accorded sales for consideration of less than $1 million (see, Tax Law § 1443 [1]).”
Muraskin v. Tax Appeals Tribunal, 213 A.D.2d 91 (N.Y. App. Div. 3d Dep't 1995). “Tax Law article 31-B imposes a real property transfer gains tax of 10% upon gains derived from the transfer of real property within this State where the consideration is $1 million or more (Tax Law § 1441 [1]; § 1443 [1]). The issue here is whether the gain petitioners and their…”
New York City Dep't of Fin. v. 1515 Broadway Assocs., L.P. (In Re 1515 Broadway Assocs., L.P.), 153 B.R. 400 (S.D.N.Y. 1993). “After the Second Circuit held that the New York Gains Tax (imposed by Governor Mario Cuomo in 1983, see N.Y. Tax Law § 1441 (McKinney 1993)) is not similar to a stamp tax in In re 995 Fifth Ave.”
Show all 37 citing cases →
N.Y. Tax Law § 1441(1): 1 case
In Re Williams, 188 B.R. 331 (E.D.N.Y 1995).
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