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2025 IT-2663/IT-2664 forms must be used starting January 1, 2025

Posted By Robert Treuber, Monday, January 6, 2025

Every year the New York State Department of Taxation and Finance (DTF)  updates forms IT-2663 and IT-2664. The forms are income tax forms (thus the “IT”) and are required when an out of state resident transfers real property (IT-2663) or a coop apartment (IT-2664) in New York State.  The dates on the forms change every January 1. Therefore, the 2024 form will not be accepted for any 2025 transfers.

Attached are the new 2025 IT-2663 and IT-2664 forms, along with instructions. Be sure to use same for all transactions that close in 2025 when the transferor is an out of state resident (individual, estate or trust)

See download links below.

 

 Attached Files:

Tags:  NYS Dept Tax & Finance 

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Mortgage recording tax rate changes for Chenango, Cortland, and Otsego Counties

Posted By Robert Treuber, Monday, January 6, 2025

Effective January 1, 2025, the mortgage recording tax imposed on the recording of mortgages on real property located in Chenango, Cortland, and Otsego Counties has changed. For more information, see the following mortgage recording tax rate change notices:

 

  • MT-24-1, Changes to the Mortgage Recording Tax Rates Affecting Chenango County
  • MT-24-2, Changes to the Mortgage Recording Tax Rates Affecting Cortland County
  • MT-24-3, Changes to the Mortgage Recording Tax Rates Affecting Otsego County

 

For additional information on mortgage recording tax, visit Mortgage recording tax.

Tags:  NYS Dept Tax & Finance 

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NYS Dept Tax & Finance Opinion

Posted By Jean Partridge, Monday, August 28, 2023

Regarding revocable license

NYS Department of Taxation and Finance (DTF) recently took the position that a revocable license granted for a parking space and a revocable license granted for storage space in a Condominium building constituted a conveyance of real property under Article 31 of the Tax law (within the definitions of Tax Law section 1401(e)and (f)); as such they determined that the purchase price for each must be aggregated with the purchase price for the condominium unit and that transfer taxes were due on the aggregate amount.

Neither the storage space nor the parking space had a separate unit no., tax lot and no common elements were allocated to said spaces. Further, neither the storage space nor the parking space were mentioned in the deed; the DTF reviewed the contract of sale upon audit and discovered the grant of the licenses therein.

This ruling is contrary to the concept that license agreements are personal property.

NOTE - IN RESPONSE TO MR. KAMMA'S COMMENT, PLEASE SEE ATTACHMENT:

 Attached Files:

Tags:  Article 31 of the Tax Law  condominium  NYS Dept Tax & Finance 

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Bulletin from NYS Department of Taxation & Finance

Posted By Robert Treuber, Friday, February 11, 2022
Updated: Friday, February 11, 2022

Tax Warrants Now Searchable on the NYS Tax Department Website

New online tool provides easy access to tax warrants and the tax debt owed

The New York State Department of Taxation and Finance today announced the availability of a new search tool on its website to ease access to information about open tax warrants.

 

By making this already public information more easily accessible, news media, researchers, and others who may be interested now have more efficient access to the latest balances owed by tax debtors.

 

“We are continually striving to enhance the way in which we interact with taxpayers, the news media, and all New Yorkers,” said Acting Commissioner Amanda Hiller. “This new search tool, which can be used by anyone at any time to access public information, is another step in our effort to improve the taxpayer experience.”

 

The New York State Tax Warrants search tool is available 24/7 and doesn’t require a log-in or account to access. It’s updated regularly to provide current warrant balances, which was previously unavailable online and could only be obtained through an official request to the Tax Department Public Information Office.

 

This new search feature provides access to data on open tax warrants only. When a tax debt is paid in full, the warrant is satisfied and no longer accessible using the search tool. For information on a satisfied warrant, visit the New York State Department of State's Tax Warrant Notice System.

 

The Tax Department files a tax warrant with the appropriate county clerk and the NYS Department of State when a taxpayer with fixed and final tax debt fails to resolve it.

 

For more information

Tags:  NYS Dept Tax & Finance 

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Sales Tax - Refresher

Posted By Robert Treuber, Wednesday, October 13, 2021
Updated: Wednesday, October 13, 2021

In April of 2017, the Education Committee presented a CE/CLE session on sales tax for land title insurance transactions.

 

You can download a PDF of that presentation from this page.

 

If you have questions about sales tax, please email Bob Treuber at RGT@NYSLTA.ORG.

 Attached Files:

Tags:  CE  CLE  NYS Dept Tax & Finance  sales tax 

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NYS Tax Department bulletin on digital signatures

Posted By Robert Treuber, Thursday, April 16, 2020

Bulletin issued by the Department of Taxation and Finance - April 15, 2020

https://content.govdelivery.com/accounts/NYTAX/bulletins/286aecd

 


NYS Tax Department issues guidance on the temporary authorization to accept digital signatures

 

Governor Cuomo has issued an executive order in response to the Coronavirus COVID-19 situation temporarily authorizing the Department of Taxation and Finance (Tax) to accept digital signatures in place of handwritten signatures on documents related to the determination or collection of tax liability.

 

This notice defines the requirements for Tax’s acceptance of digital signatures and sets forth the types of documents to which digital signatures may be applied.  

 

To view the guidance issued, visit N-20-3, Temporary Authorization to Use Digital Signatures on Certain Documents Due to the Novel Coronavirus, COVID-19.

 

For additional information, visit Tax Department response to novel coronavirus (COVID-19).

Tags:  Coronavirus  digital signatures  Executive Order  NYS Dept Tax & Finance 

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NY City Update on LLC Disclosure

Posted By Robert Treuber, Friday, November 1, 2019

The New York City Department of Finance has an informational web page that clarifies their requirements under the new law signed on September 13, 2019.

 

Here is the link -

https://www1.nyc.gov/site/finance/taxes/property-real-property-transfer-tax-rptt.page

 

A form-fillable PDF of a TP-584 addendum is attached to this bog post page.

 

 Attached Files:

Tags:  County Clerk  Land Records  LLC  NYC  NYS Dept Tax & Finance  transfer tax 

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LLC Disclosure Law of 2019 - A Clarification

Posted By Government Regulations Committee, Thursday, October 31, 2019
Updated: Thursday, October 31, 2019

IMPORTANT NOTE - The content of this post was emailed to NYSLTA Members on October 30, 2019.

That email included an addendum to the TP-584, which was inaccurate.  The file attached to this page is a corrected version and may be used anywhere in NY state, including NY City.

 


The purpose of this memo is to clarify the impact of the changes to Section 1409(a) of the New York Tax Law, which became effective September 13, 2019.

 

As you are aware, the new legislation requires the real property transfer tax return (the TP 584 and the TP584-NYC) relating to residential property (containing one- to four-family dwelling units) sold or purchased by a “Limited Liability Company” (LLC) to disclose information on the ownership of such company.

 

The legislation requires that the TP584 and the TP584-NYC MUST be accompanied by documentation that identifies the names and addresses of all members, managers and other authorized persons of the LLC.

 

Further, if any member of the LLC is another LLC or other business entity, all shareholders, directors, officers, members, managers, partners and authorized persons of said LLC or business entity must be listed by name and address until “full disclosure of ultimate ownership by natural persons is achieved. 

 

We realize that in some cases (e.g. a publicly traded corporation) this requirement will be practically impossible to comply with; we have been unofficially advised that we should submit the addendum with a statement that the entity is a publicly traded corporation and that the Clerk’s should accept the deed for recordation.

 

Therefore,

  • If you are recording a deed; AND
  • it is for residential real property containing a one- to four- family dwelling unit, AND
  • a grantor or a grantee is an LLC

 

an addendum must be attached to the TP584 or the TP584-NYC identifying the names and addresses of all LLC members.

 

Although the State has not promulgated an “official” addendum to the TP forms, we attach a link to a form which has been accepted by the County Clerks.

 

Click the link below for a sample addendum which can be completed and submitted to fulfill the above requirements.

 

The Department of Taxation & Finance provides some guidance and examples here: https://www.tax.ny.gov/bus/transfer/rptidx.htm#conveyances

 

The NYSLTA has been actively engaged with the Dept of Taxation & Finance, the County Clerks, and the State, City and County Bar Associations regarding the foregoing.

 

Additionally, we have reached out to the sponsors of the legislation to provide input when an amendment is under consideration.

 

Further memos with guidance will be issued by NYSLTA, if and when the New York State Department of Taxation and Finance issues same.

 Attached Files:

Tags:  County Clerk  disclosure  Land Records  LLC  mortgage tax  NYS Dept Tax & Finance  transfer tax 

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LLC Disclosure Law - A Ball of Confusion

Posted By Robert Treuber, Thursday, October 3, 2019

 

On September 13th, Governor Cuomo Signed a bill that immediately became law.

 

The title insurance industry, along with County Clerks and attorneys, have  been wrestling with how to comply with this law.

 

I have attached two documents - letters to the Commissioner of Taxation & Finance - recounting our efforts to forestall implementation of this law pending adjustments for workability and some of the issues that have arisen since the law took effect.

 

As stakeholders, the Land Title Association continues to seek guidance and provide subject matter expertise.

 

Read the letters.

 

 

Download File (PDF)

 Attached Files:

Tags:  County Clerk  NYS Dept Tax & Finance 

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Summary of Amendments to New York’s Real Estate Transfer Taxes

Posted By Robert Treuber, Friday, June 14, 2019

The NY State Department of Taxation & Finance has issued a technical bulletin, TSB-M-19(1)R, to explain changes to New York’s real estate transfer taxes, including several new taxes that will apply to conveyances of real property in New York City effective July 1, 2019.

 

The full bulletin is attached and can downloaded from this page.

 

 

 Attached Files:

Tags:  mansion tax  NYS Dept Tax & Finance  transfer tax 

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The New York State Land Title Association, Inc. advances the common interests of all those engaged in the business of abstracting, examining, insuring titles, and otherwise facilitating real estate transactions. The Association promotes the business and general welfare of its Members and protects real property title holders’ ownership rights.