New York Consolidated Laws

N.Y. Tax Law § 1447 (2026)

Designation of agents

✓ current as of May 2026

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* § 1447. Designation of agents. The treasurer is authorized to
designate the recording officer to act as his or her agent for purposes
of collecting the tax authorized by this article. The treasurer shall
provide for the manner in which such person may be designated as his or
her agent subject to such terms and conditions as the treasurer shall
prescribe. The real estate transfer tax shall be paid to such agent as
provided in section fourteen hundred forty-two of this article.
  * NB Repealed December 31, 2025

Notes of Decisions

Cited in 11 cases, 1985–1996 · leading case: Heller v. State, 611 N.E.2d 770 (NY 1993).

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Heller v. State, 611 N.E.2d 770 (NY 1993). · cites it 4× “Claimant asserts, second, that the real property transfer gains tax is a transfer tax because, like other real estate transfer taxes, it must be paid before a deed of transfer can be recorded (Tax Law § 1447 [1] [f] [1] [i]). However, section 1447 (1) (f) (1) (i) requires only…”

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). · cites it 3× “On January 12, pursuant to the pre-transfer audit procedures provided by N.Y.Tax Law § 1447 (McKinney 1987), New York issued a Tentative Assessment and Return imposing a Gains Tax of $2,608,603.”

995 Fifth Avenue Assocs., L.P. v. New York State Dep't of Taxation & Fin. (In Re 995 Fifth Avenue Assocs., L.P.), 127 B.R. 533 (S.D.N.Y. 1991). · cites it 2× “See N.Y. Tax Law § 1447 (l)(f)(l) (McKinney 1987).”

Fed. Deposit Ins. v. Comm'r of Taxation & Fin., 628 N.E.2d 1330 (NY 1993). · cites it 3× “At the time *50 petitioner entered the agreement, Tax Law § 1447 (3) (a) stated, in part, "For failure to comply with the provisions of this subdivision, the transferee * * * shall be personally liable for the payment to the state of any such taxes stated in such tentative…”

Morgan Guar. Trust Co. v. Tax Appeals Tribunal of the New York State Dep't of Taxation & Fin., 599 N.E.2d 656 (NY 1992). “As the dissenting Tribunal member noted, the gains tax would impose certain recordkeeping and reporting requirements on the Plan, mandating administrative procedures pertaining to asset disposition not required in other jurisdictions (see, Tax Law § 1447 [2]; § 1448 [2], [3]).…”

Fed. Deposit Ins. v. Comm'r of Taxation & Fin., 189 A.D.2d 39 (N.Y. App. Div. 1993). · cites it 2× “When the real property transfer gains tax remains unpaid, Tax Law § 1447 (3) (a) holds a transferee liable for the tentative assessment.”

Scheffel v. New York State Dep't of Taxation & Fin. (In Re Lehal Realty Assocs.), 133 B.R. 9 (Bankr. S.D.N.Y. 1991). “See also N.Y.Tax Law § 1447, subd. 1(f)(1) (McKinney 1987) (prohibiting recording of conveyance unless Gains Tax payment provisions satisfied).”

Trump v. Chu, 65 N.Y. 20 (NY 1985). “Additionally, in the statutory scheme the foreclosure of a mortgage can result in taxation of a party who has realized no gain (Tax Law § 1447 [3]; § 1440 [7]; see also, 35 Syracuse L Rev 609, 619-620 [1984], supra).”

Forty Second Street Co. v. Tax Appeals Tribunal, 219 A.D.2d 98 (N.Y. App. Div. 1996). “Shortly thereafter, petitioner submitted a gains tax transferor questionnaire (see, Tax Law § 1447 [1] [b]) to the Division of Taxation of the Department of Taxation and Finance (hereinafter the Division), indicating that no advance payment had been made, and that the amount of…”

Fed Deposit Ins v. Tax Commr, 628 N.E.2d 1330 (NY 1993). · cites it 3× “At the time *50 petitioner entered the agreement, Tax Law § 1447 (3) (a) stated, in part, "For failure to comply with the provisions of this subdivision, the transferee * * * shall be personally liable for the payment to the state of any such taxes stated in such tentative…”

Universal Child.'s Wear, Inc. v. Galasso, 133 A.D.2d 623 (N.Y. App. Div. 1987). “The evidence in the record further establishes conclusively that the plaintiff was unable to record its deed until the real estate transfer tax had been paid (see, Tax Law § 1447 [1] [f] [1] [i]). Also, it is clear that Mr.”

— N.Y. Tax Law § 1447(3) — 1 case

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). “On January 12, pursuant to the pre-transfer audit procedures provided by N.Y.Tax Law § 1447 (McKinney 1987), New York issued a Tentative Assessment and Return imposing a Gains Tax of $2,608,603.”

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