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The only way to minimize the transfer tax for sellers is through the use of a purchase CEMA, which is also known as a splitter. A purchase CEMA functions like an assignment of mortgage with the buyer taking over and consolidating your outstanding balance with their new loan.
The transfer tax is a tax imposed on the seller (or \u201cgrantor\u201d) during the conveyance of real property so it is typically their responsibility to pay. If the seller finds a way to not pay the tax (or just disappears), the responsibility to pay falls on the buyer. One way or another, the tax is going to get paid.
Form TP-584 must be used to comply with the filing requirements of the real estate transfer tax (Tax Law Article 31); the tax on mortgages (Tax Law Article 11), as it applies to the Credit Line Mortgage Certificate; and the exemption from estimated personal income tax (Tax Law Article 22), as it applies to the sale or ...
TP-584-I (Instructions) Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax; See notice about address change.
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