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

N.Y. Tax Law § 1443 (2026)

Liability for tax

✓ current as of May 2026
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* § 1443. Liability for tax. 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 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.
  * NB Repealed December 31, 2025
Notes of Decisions
Cited in 27 cases, 1985–1995 · leading case: Auerbach v. State Tax Comm'n, 142 A.D.2d 390 (N.Y. App. Div. 1988).
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Auerbach v. State Tax Comm'n, 142 A.D.2d 390 (N.Y. App. Div. 1988). · cites it 7× “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).”
Vast Goed v. Tax Comm'n, 146 A.D.2d 155 (N.Y. App. Div. 1989). · cites it 4× “Instead, petitioners reason that since they were legally obligated to sell the Brefries Realty stock prior to March 28, 1983, the statutory exemption applies. Petitioners’ thesis is that the buy-sell terms of the partnership agreement, the written board resolutions autho *160…”
Fed. Deposit Ins. v. Comm'r of Taxation & Fin., 628 N.E.2d 1330 (N.Y. 1993). · cites it 6× “The issue in this case is whether the Tax Appeals Tribunal erred when it determined that a proposed merger agreement, requiring shareholder approval, failed to become a binding and enforceable contract for the purposes of a real property gains tax exemption pursuant to Tax Law §…”
Schrier v. Tax Appeals Tribunal, 194 A.D.2d 273 (N.Y. App. Div. 1993). · cites it 5× “It is respondents’ position that the property’s transfer from the corporation to petitioners was a mere change of identity or form of ownership, with no change in beneficial interest, so that the transfer was exempt from the transfer gains tax pursuant to Tax Law § 1443 (5).…”
Old Nut Co. v. New York State Tax Comm'n, 126 A.D.2d 869 (N.Y. App. Div. 1987). · cites it 4× “Concededly, the transaction was subject to a State real estate gains tax (Tax Law art 31-A) of some $198,000 for such a transfer taking place after the March 28, 1983 effective date of the enactment of the tax, unless the exemption provided in Tax Law § 1443 (6) applies. In…”
Cheltoncort Co. v. Tax Appeals Tribunal, 185 A.D.2d 49 (N.Y. App. Div. 1992). · cites it 3× “An exemption from this tax is provided, however, "[i]f a transfer of real property, however effected, consists of a mere change of identity or form of ownership or organization, where there is no change in beneficial interest” (Tax Law § 1443 [5]). Here, while petitioners both…”
Cove Hollow Farm, Inc. v. State of New York Tax Comm'n, 146 A.D.2d 49 (N.Y. App. Div. 1989). · cites it 2× “Thus, each transfer individually would have been entitled to a statutory exemption from the tax (Tax Law § 1443 [1]). However, the Department of Taxation and Finance aggregated the sales and assessed petitioner for its gains on that basis.”
Muraskin v. Tax Appeals Tribunal, 213 A.D.2d 91 (N.Y. App. Div. 1995). · cites it 2× “Petitioners contend that it is not because the $562,000 consideration they received is less than the $1 million threshold for the imposition of the tax (see, Tax Law § 1443 [1]). The facts are undisputed.”
Fed. Deposit Ins. v. Comm'r of Taxation & Fin., 189 A.D.2d 39 (N.Y. App. Div. 1993). · cites it 4× “It contends entitlement to the exemption from the gains tax pursuant to Tax Law § 1443 (6) because the transfer of real property which was completed after March 28, 1983, the effective date of the statute, was pursuant to a written contract entered into on or before that…”
Am. Express Co. v. Tax Appeals Tribunal, 190 A.D.2d 104 (N.Y. App. Div. 1993). · cites it 5× “10 under protest, and requested a refund based upon the grandfather exemption of Tax Law § 1443 (6). The Department rejected this claim and petitioners filed an administrative petition for review.”
Exec. Land Corp. v. Chu, 150 A.D.2d 7 (N.Y. App. Div. 1989). · cites it 2× “Tax Law § 1440 (7) defines "transfer of real property” as: "the transfer or transfers of any interest in real property by any method, including but not limited to sale, exchange, assignment, surrender, mortgage foreclosure, transfer in lieu of foreclosure, option, trust…”
1230 Park Assocs. v. Comm'r of Taxation & Fin., 170 A.D.2d 842 (N.Y. App. Div. 1991). “28, 1983) and were therefore exempt from the tax (Tax Law § 1443 [6]). No returns were filed nor taxes paid on the sale of the remaining 3,970 shares until November 20, 1984.”
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