Taxes Payable by Seller

I. New York City Real Property Transfer Tax

(For purposes of the New York City Real Property Transfer Tax, residential property is classified as 1, 2 or 3 family houses, individual residential cooperative apartments and individual residential condominium units.  All other properties are classified as commercial).

Type of Property Affected

Tax Rate

Residential property where consideration is $500,000 or less . . . . . . . .

1% of gross consideration

Residential property where consideration is more than $500,000 . . . . . . . . . . . . . . . . . . . . . .

1.425% of gross consideration

Commercial property where consideration is $500,000 or less . . . . . . . . . . .

1.425% of gross consideration

Commercial property where consideration is more than $500,000. . . . . . . . .

2.625% of gross consideration

II.  New York State Real Estate Transfer Tax

Type of Property Affected

Tax Rate

All types (regardless of consideration)  . . . . . .

$2.00 per $500 of gross consideration or fraction thereof (or $4.00 per $1,000)

III.  New York State Additional Real

Estate Transfer Tax (the "Mansion Tax")

Type of Property Affected

Property that is or may be used as a 1, 2 or 3 family house, individual residential condominium unit or individual residential cooperative apartment where the purchase price is $1,000,000 or more . . . . . . . . . . . . . . .

1% of gross consideration

IV.  Mortgage Recording Tax in New York City

Type of Mortgage Affected

Tax Rate

Any mortgage securing less than
$500,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.05% of Mortgage Amount

Mortgage of a 1, 2 or 3 family dwelling or individual residential condominium unit securing $500,000 or more . . . . . . . . . . . . . . . .

2.175% of Mortgage Amount

All other mortgages securing $500,000 or
more . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.80% of Mortgage Amount

Note 1.  Components of Mortgage Recording Tax.  The mortgage recording tax in New York City consists of a basic mortgage recording tax of $.50 per $100 (Tax Law §253.1); a special additional tax of $.25 per $100 (Tax Law §253.1-a.(a)); and an additional tax of $.30 per $100 (Tax Law §253.2.(a)); plus (a) $1.00 per $100 on mortgages securing less than $500,000, (b) $1.125 per $100 on mortgages of 1, 2 or 3 family dwellings and individual condominium units securing $500,000 or more, and (c) $1.75 per $100 on all other mortgages securing $500,000 or more (Adm. Code of City of New York, §11-2601, as amended, effective August 1, 1990).

Note 2.  Mortgage Recording Tax Payable by Mortgage Lender.  Where the premises are improved or are to be improved by a structure containing not more than six residential dwelling units having their own separate cooking facilities, the special additional mortgage recording tax of $.25 per $100 is to be paid by the mortgage lender, unless the mortgage lender is a natural person, in which case the mortgage is exempt from this portion of the tax.  (Tax Law §253.1-a.(a))

Note 3.  Mortgages on Property Improved by One or Two Family Dwelling.  If the mortgage is on a property principally improved or to be improved by a one or two family residence or dwelling, the first $10,000 of the mortgage obligation is exempt from the additional mortgage recording tax of $.30 per $100, with a maximum exemption of $30 (Tax Law §253.2.(a)).

Note 4.  General.  The information set forth above concerns the rates of tax only for properties located in New York City and is believed to be accurate as of July 1, 2008.  Consult your attorney, however, for up-to-date information, and for information with respect to exemptions, vacant land, treatment of existing liens, leases and leasehold transfers and surrenders, transfers of controlling interests, foreclosures or deeds in lieu, and real estate investment trusts.

Note 5.  Links.  The form of NYS Real Estate Transfer Tax Return is available at http://www.tax.state.ny.us/pdf/2004/fillin/property/tp584_1104_fill_in.pdf.  The form of NYC Real Property Transfer Tax Return is available at http://www.nyc.gov/html/dof/pdf/01pdf/nycrpt_01.pdf.