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

N.Y. Tax Law § 1442 (2026)

Payment of tax

✓ current as of May 2026
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* § 1442. Payment of tax. 1. The real estate transfer tax imposed
pursuant to this article shall be paid to the treasurer or the recording
officer acting as the agent of the treasurer upon designation as such
agent by the treasurer. Such tax shall be paid at the same time as the
real estate transfer tax imposed by article thirty-one of this chapter
is required to be paid. Such treasurer or recording officer shall
endorse upon each deed or instrument effecting a conveyance a receipt
for the amount of the tax so paid.
  2. A return shall be required to be filed with such treasurer or
recording officer for purposes of the real estate transfer tax imposed
pursuant to this article at the same time as a return is required to be
filed for purposes of the real estate transfer tax imposed by article
thirty-one of this chapter. The treasurer shall prescribe the form of
return, the information which it shall contain, and the documentation
that shall accompany the return. Said form shall be identical to the
real estate transfer tax return required to be filed pursuant to section
fourteen hundred nine of this chapter, except that the treasurer shall
adapt said form to reflect the provisions in this chapter that are
inconsistent, different, or in addition to the provisions of article
thirty-one of this chapter. The real estate transfer tax returns
required to be filed pursuant to this section shall be preserved for
three years and thereafter until such treasurer or recording officer
orders them to be destroyed.
  3. The recording officer shall not record an instrument effecting a
conveyance unless the return required by this section has been filed and
the tax imposed pursuant to this article shall have been paid as
required in this section.
  * NB Repealed December 31, 2025
Notes of Decisions
Cited in 7 cases, 1984–1996 · leading case: In Re Jacoby-Bender, Inc., 40 B.R. 10 (Bankr. E.D.N.Y. 1984).
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In Re Jacoby-Bender, Inc., 40 B.R. 10 (Bankr. E.D.N.Y. 1984). “N.Y.Tax Law § 1442 (McKinney Supp.1983-84).”
Fazkap Assocs. v. Comm'r of New York State Dep't of Taxation & Fin., 232 A.D.2d 747 (N.Y. App. Div. 1996). · cites it 2× “Petitioner paid only the first three scheduled installments of gains tax, as a result of which the Department of Taxation and Finance issued a notice of determination accelerating petitioner’s remaining deferred payments pursuant to Tax Law § 1442 (e). Following unsuccessful…”
In Re Williams, 188 B.R. 331 (E.D.N.Y 1995). “In support of this argument, the Debtor claims that the New York State Legislature intentionally entitled article 31-B of the New York Tax Law, as “Tax on Gains Derived from Certain Real Property Transfers,” without any reference to the word “income” in an effort to avoid…”
470 Newport Assocs. v. Tax Appeals Tribunal, 211 A.D.2d 322 (N.Y. App. Div. 1995). “Under this plan, because the CHC is merely a conduit through which ownership of individual units are transferred by the transferor to the tenant/shareholders, the transfer of the real property to the CHC by the transferor is not an event requiring the payment of the gains tax…”
Mattone v. State of New York Dep't of Taxation & Fin., 144 A.D.2d 150 (N.Y. App. Div. 1988). “The real property transfer gains tax, which imposes a 10% tax on the difference by which the sale price of real property selling for more than $1 million exceeds the "original purchase price” (Tax Law §§ 1442, 1440 [3]; see, Tax Law § 1441), encompasses within the original…”
Forty Second Street Co. v. Tax Appeals Tribunal, 219 A.D.2d 98 (N.Y. App. Div. 1996). “At that time, petitioner also elected to pay its real property transfer gains tax in installments (see, Tax Law § 1442 [c]). Several months later, the Division issued a tentative assessment stating that no tax was then due.”
In re the Dissolution of Yunis Realty, Inc., 173 A.D.2d 984 (N.Y. App. Div. 1991). “Respondent suggests on this appeal that he should not be required to reimburse petitioner for any portion of the tax paid on the shopping center and trailer park properties because he was not the "transferor” of these parcels * (see, Tax Law § 1442, as amended by L 1989, ch 61,…”
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