Imposes a real estate transfer tax in the county of Livingston equivalent to one dollar for every five hundred dollars or fractional part thereof.

---

S5410A-2011 Actions

• Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Jun 1, 2011: PRINT NUMBER 5410B
• Jun 1, 2011: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• May 25, 2011: PRINT NUMBER 5410A
• May 25, 2011: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• May 18, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S5410A-2011 Memo

BILL NUMBER:S5410A

TITLE OF BILL:
An act
to amend the tax law, in relation to authorizing
an additional real estate
transfer tax within the county of Livingston and authorizing such
county to expend such real estate transfer tax on necessary county
services; and providing for the
repeal of such provisions upon expiration thereof

PURPOSE:
To authorize Livingston County to impose an additional two dollars per
thousand dollars transfer tax for real estate conveyances in
Livingston County.

SUMMARY OF PROVISIONS:
A new Article 35 is added to the tax law to impose an additional
real estate transfer tax on each conveyance of real property in
Livingston County which exceeds five hundred dollars at the rate of
two dollars for each thousand dollars or fractional part thereof. The
law will expire on December 31, 2013.

JUSTIFICATION:
The Livingston County Board of Supervisors has passed a Resolution
requesting state authorization to impose an additional $2 per $1000
real estate transfer tax.

In recent years, the State Commission on Corrections mandated the
expansion of the Livingston County Jail, a project that has cost
county taxpayers $28.7 million plus interest. This home rule
authorization is necessary to address the debt service for this
capital project.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

LOCAL FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed December 31, 2013.

S5410A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   5410--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                                May 18, 2011
                                 ___________

  Introduced  by  Sens. GALLIVAN, YOUNG -- read twice and ordered printed,
    and when printed to be committed to the  Committee  on  Investigations
    and  Government  Operations  --  committee  discharged,  bill amended,
    ordered reprinted as amended and recommitted to said committee

  AN ACT to amend the tax law, in relation to  authorizing  an  additional
    real estate transfer tax within the county of Livingston and authoriz-
    ing  such  county to expend such real estate transfer tax on necessary
    county services; and providing for the repeal of such provisions  upon
    expiration thereof

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The tax law is amended by adding a new article 35  to  read
  as follows:

                                 ARTICLE 35
                        TAX ON REAL ESTATE TRANSFERS
                         IN THE COUNTY OF LIVINGSTON
  SECTION 1630-A. DEFINITIONS.
          1630-B. IMPOSITION OF TAX.
          1630-C. PAYMENT OF TAX.
          1630-D. LIABILITY FOR TAX.
          1630-E. EXEMPTIONS.
          1630-F. CREDIT.
          1630-G. COOPERATIVE HOUSING CORPORATION TRANSFERS.
          1630-H. DESIGNATION OF AGENTS.
          1630-I. LIABILITY OF RECORDING OFFICER.
          1630-J. REFUNDS.
          1630-K. DEPOSIT AND DISPOSITION OF REVENUE.
          1630-L. JUDICIAL REVIEW.
          1630-M. APPORTIONMENT.
          1630-N. MISCELLANEOUS.
          1630-O. RETURNS TO BE SECRET.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11478-03-1

 S. 5410--A                          2

    S  1630-A.  DEFINITIONS.  WHEN  USED IN THIS ARTICLE, UNLESS OTHERWISE
  EXPRESSLY STATED:

    1.  "PERSON"  MEANS  AN INDIVIDUAL, PARTNERSHIP, SOCIETY, ASSOCIATION,
  JOINT STOCK COMPANY, CORPORATION, ESTATE, RECEIVER,  TRUSTEE,  ASSIGNEE,
  REFEREE  OR  ANY  OTHER  PERSON  ACTING IN A FIDUCIARY OR REPRESENTATIVE
  CAPACITY, WHETHER APPOINTED BY A COURT OR OTHERWISE, ANY COMBINATION  OF
  INDIVIDUALS,  AND  ANY  OTHER FORM OF UNINCORPORATED ENTERPRISE OWNED OR
  CONDUCTED BY TWO OR MORE PERSONS.
    2. "CONTROLLING INTEREST" MEANS (A) IN  THE  CASE  OF  A  CORPORATION,
  EITHER  FIFTY  PERCENT OR MORE OF THE TOTAL COMBINED VOTING POWER OF ALL
  CLASSES OF STOCK OF SUCH CORPORATION, OR FIFTY PERCENT OR  MORE  OF  THE
  CAPITAL,  PROFITS  OR  BENEFICIAL  INTEREST IN SUCH VOTING STOCK OF SUCH
  CORPORATION, AND (B) IN THE CASE OF A PARTNERSHIP, ASSOCIATION, TRUST OR
  OTHER ENTITY, FIFTY PERCENT OR MORE OF THE CAPITAL, PROFITS  OR  BENEFI-
  CIAL INTEREST IN SUCH PARTNERSHIP, ASSOCIATION, TRUST OR OTHER ENTITY.
    3.  "REAL  PROPERTY"  MEANS EVERY ESTATE OR RIGHT, LEGAL OR EQUITABLE,
  PRESENT OR FUTURE, VESTED OR CONTINGENT, IN LANDS, TENEMENTS OR  HEREDI-
  TAMENTS, INCLUDING BUILDINGS, STRUCTURES AND OTHER IMPROVEMENTS THEREON,
  WHICH  ARE  LOCATED IN WHOLE OR IN PART WITHIN THE COUNTY OF LIVINGSTON.
  IT SHALL NOT INCLUDE RIGHTS TO SEPULTURE.
    4. "CONSIDERATION" MEANS THE PRICE ACTUALLY PAID  OR  REQUIRED  TO  BE
  PAID FOR THE REAL PROPERTY OR INTEREST THEREIN, INCLUDING PAYMENT FOR AN
  OPTION  OR  CONTRACT TO PURCHASE REAL PROPERTY, WHETHER OR NOT EXPRESSED
  IN THE DEED AND WHETHER PAID OR REQUIRED TO BE PAID BY MONEY,  PROPERTY,
  OR  ANY  OTHER  THING  OF  VALUE.  IT  SHALL INCLUDE THE CANCELLATION OR
  DISCHARGE OF AN INDEBTEDNESS OR OBLIGATION. IT SHALL  ALSO  INCLUDE  THE
  AMOUNT  OF  ANY  MORTGAGE, PURCHASE MONEY MORTGAGE, LIEN OR OTHER ENCUM-
  BRANCE, WHETHER OR NOT THE UNDERLYING INDEBTEDNESS IS ASSUMED  OR  TAKEN
  SUBJECT TO.
    (A)  IN THE CASE OF A CREATION OF A LEASEHOLD INTEREST OR THE GRANTING
  OF AN OPTION WITH USE AND  OCCUPANCY  OF  REAL  PROPERTY,  CONSIDERATION
  SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE VALUE OF THE RENTAL AND OTHER
  PAYMENTS ATTRIBUTABLE TO THE USE AND OCCUPANCY OF THE REAL  PROPERTY  OR
  INTEREST THEREIN, THE VALUE OF ANY AMOUNT PAID FOR AN OPTION TO PURCHASE
  OR  RENEW  AND THE VALUE OF RENTAL OR OTHER PAYMENTS ATTRIBUTABLE TO THE
  EXERCISE OF ANY OPTION TO RENEW.
    (B) IN THE CASE OF A CREATION OF A  SUBLEASEHOLD  INTEREST,  CONSIDER-
  ATION  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, THE VALUE OF THE SUBLEASE
  RENTAL PAYMENTS ATTRIBUTABLE TO THE USE AND OCCUPANCY OF THE REAL  PROP-
  ERTY,  THE VALUE OF ANY AMOUNT PAID FOR AN OPTION TO RENEW AND THE VALUE
  OF RENTAL OR OTHER PAYMENTS ATTRIBUTABLE TO THE EXERCISE OF  ANY  OPTION
  TO  RENEW  LESS  THE  VALUE OF THE REMAINING PRIME LEASE RENTAL PAYMENTS
  REQUIRED TO BE MADE.
    (C) IN THE CASE OF A CONTROLLING INTEREST IN ANY ENTITY THAT OWNS REAL
  PROPERTY, CONSIDERATION SHALL MEAN THE FAIR MARKET  VALUE  OF  THE  REAL
  PROPERTY OR INTEREST THEREIN, APPORTIONED BASED ON THE PERCENTAGE OF THE
  OWNERSHIP INTEREST TRANSFERRED OR ACQUIRED IN THE ENTITY.
    (D)  IN THE CASE OF AN ASSIGNMENT OR SURRENDER OF A LEASEHOLD INTEREST
  OR THE ASSIGNMENT OR SURRENDER OF AN OPTION OR CONTRACT TO PURCHASE REAL
  PROPERTY, CONSIDERATION SHALL NOT INCLUDE THE  VALUE  OF  THE  REMAINING
  RENTAL  PAYMENTS REQUIRED TO BE MADE PURSUANT TO THE TERMS OF SUCH LEASE
  OR THE AMOUNT TO BE PAID FOR THE REAL PROPERTY PURSUANT TO THE TERMS  OF
  THE OPTION OR CONTRACT BEING ASSIGNED OR SURRENDERED.
    (E) IN THE CASE OF (1) THE ORIGINAL CONVEYANCE OF SHARES OF STOCK IN A
  COOPERATIVE HOUSING CORPORATION IN CONNECTION WITH THE GRANT OR TRANSFER
  OF A PROPRIETARY LEASEHOLD BY THE COOPERATIVE CORPORATION OR COOPERATIVE

 S. 5410--A                          3

  PLAN  SPONSOR  AND (2) THE SUBSEQUENT CONVEYANCE BY THE OWNER THEREOF OF
  SUCH STOCK IN A COOPERATIVE HOUSING CORPORATION IN CONNECTION  WITH  THE
  GRANT  OR  TRANSFER  OF  A  PROPRIETARY LEASEHOLD FOR A COOPERATIVE UNIT
  OTHER THAN AN INDIVIDUAL RESIDENTIAL UNIT, CONSIDERATION SHALL INCLUDE A
  PROPORTIONATE  SHARE OF THE UNPAID PRINCIPAL OF ANY MORTGAGE ON THE REAL
  PROPERTY OF THE COOPERATIVE HOUSING CORPORATION COMPRISING  THE  COOPER-
  ATIVE DWELLING OR DWELLINGS. SUCH SHARE SHALL BE DETERMINED BY MULTIPLY-
  ING THE TOTAL UNPAID PRINCIPAL OF THE MORTGAGE BY A FRACTION, THE NUMER-
  ATOR  OF  WHICH SHALL BE THE NUMBER OF SHARES OF STOCK BEING CONVEYED IN
  THE COOPERATIVE HOUSING CORPORATION IN  CONNECTION  WITH  THE  GRANT  OR
  TRANSFER  OF  A PROPRIETARY LEASEHOLD AND THE DENOMINATOR OF WHICH SHALL
  BE THE TOTAL NUMBER OF SHARES OF STOCK IN THE COOPERATIVE HOUSING CORPO-
  RATION.
    5. "CONVEYANCE" MEANS 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  INDENTURE,  TAKING  BY EMINENT DOMAIN,
  CONVEYANCE UPON LIQUIDATION OR BY A RECEIVER, OR TRANSFER OR ACQUISITION
  OF A CONTROLLING INTEREST IN ANY ENTITY WITH AN INTEREST IN REAL PROPER-
  TY. TRANSFER OF AN INTEREST IN REAL PROPERTY SHALL INCLUDE THE  CREATION
  OF  A  LEASEHOLD  OR  SUBLEASE ONLY WHERE (A) THE SUM OF THE TERM OF THE
  LEASE OR SUBLEASE AND ANY OPTIONS FOR RENEWAL EXCEEDS FORTY-NINE  YEARS,
  (B)  SUBSTANTIAL  CAPITAL  IMPROVEMENTS ARE OR MAY BE MADE BY OR FOR THE
  BENEFIT OF THE LESSEE OR SUBLESSEE, AND (C) THE LEASE OR SUBLEASE IS FOR
  SUBSTANTIALLY ALL  OF  THE  PREMISES  CONSTITUTING  THE  REAL  PROPERTY.
  NOTWITHSTANDING  THE  FOREGOING,  CONVEYANCE  OF REAL PROPERTY SHALL NOT
  INCLUDE THE CREATION,  MODIFICATION,  EXTENSION,  SPREADING,  SEVERANCE,
  CONSOLIDATION,  ASSIGNMENT, TRANSFER, RELEASE OR SATISFACTION OF A MORT-
  GAGE; A MORTGAGE SUBORDINATION AGREEMENT, A  MORTGAGE  SEVERANCE  AGREE-
  MENT,  AN INSTRUMENT GIVEN TO PERFECT OR CORRECT A RECORDED MORTGAGE; OR
  A RELEASE OF LIEN OF TAX PURSUANT TO THIS CHAPTER OR THE INTERNAL REVEN-
  UE CODE.
    6. "INTEREST IN THE REAL PROPERTY" INCLUDES TITLE IN FEE, A  LEASEHOLD
  INTEREST, A BENEFICIAL INTEREST, AN ENCUMBRANCE, DEVELOPMENT RIGHTS, AIR
  SPACE  AND  AIR  RIGHTS,  OR ANY OTHER INTEREST WITH THE RIGHT TO USE OR
  OCCUPANCY OF REAL PROPERTY OR THE RIGHT TO  RECEIVE  RENTS,  PROFITS  OR
  OTHER INCOME DERIVED FROM REAL PROPERTY. IT SHALL ALSO INCLUDE AN OPTION
  OR  CONTRACT  TO PURCHASE REAL PROPERTY. IT SHALL NOT INCLUDE A RIGHT OF
  FIRST REFUSAL TO PURCHASE REAL PROPERTY.
    7. "GRANTOR" MEANS THE PERSON MAKING THE CONVEYANCE OF  REAL  PROPERTY
  OR  INTEREST  THEREIN. WHERE THE CONVEYANCE CONSISTS OF A TRANSFER OR AN
  ACQUISITION OF A CONTROLLING INTEREST IN AN ENTITY WITH AN  INTEREST  IN
  REAL PROPERTY, "GRANTOR" MEANS THE ENTITY WITH AN INTEREST IN REAL PROP-
  ERTY  OR  A  SHAREHOLDER  OR  PARTNER  TRANSFERRING STOCK OR PARTNERSHIP
  INTEREST.
    8. "GRANTEE" MEANS THE PERSON WHO OBTAINS REAL  PROPERTY  OR  INTEREST
  THEREIN AS A RESULT OF A CONVEYANCE.
    9. "RECORDING OFFICER" MEANS THE COUNTY CLERK OF THE COUNTY OF LIVING-
  STON.
    10.  "TREASURER"  MEANS  THE  COMMISSIONER OF FINANCE OF THE COUNTY OF
  LIVINGSTON.
    S 1630-B.  IMPOSITION OF TAX. NOTWITHSTANDING ANY OTHER PROVISIONS  OF
  LAW  TO THE CONTRARY, THE COUNTY OF LIVINGSTON, ACTING THROUGH ITS LOCAL
  LEGISLATIVE BODY, IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND  AMEND
  LOCAL  LAWS  IMPOSING  IN  SUCH  COUNTY A TAX ON EACH CONVEYANCE OF REAL
  PROPERTY OR INTEREST THEREIN WHEN THE CONSIDERATION EXCEEDS FIVE HUNDRED

 S. 5410--A                          4

  DOLLARS, AT THE RATE OF ONE DOLLAR FOR  EACH  FIVE  HUNDRED  DOLLARS  OR
  FRACTIONAL  PART  THEREOF.  SUCH LOCAL LAW SHALL APPLY TO ANY CONVEYANCE
  OCCURRING ON OR AFTER THE FIRST DAY OF A MONTH TO BE DESIGNATED BY  SUCH
  LEGISLATIVE  BODY, WHICH IS NOT LESS THAN SIXTY DAYS AFTER THE ENACTMENT
  OF SUCH LOCAL LAWS, BUT SHALL NOT APPLY TO CONVEYANCES MADE ON OR  AFTER
  SUCH  DATE  PURSUANT  TO BINDING WRITTEN CONTRACTS ENTERED INTO PRIOR TO
  SUCH DATE, PROVIDED THAT THE DATE  OF  EXECUTION  OF  SUCH  CONTRACT  IS
  CONFIRMED BY INDEPENDENT EVIDENCE SUCH AS THE RECORDING OF THE CONTRACT,
  PAYMENT  OF  A DEPOSIT OR OTHER FACTS AND CIRCUMSTANCES AS DETERMINED BY
  THE TREASURER.
    S 1630-C. PAYMENT OF TAX. 1. THE  REAL  ESTATE  TRANSFER  TAX  IMPOSED
  PURSUANT TO THIS ARTICLE SHALL BE PAID TO THE TREASURER OR THE RECORDING
  OFFICER  ACTING  AS  THE AGENT OF THE TREASURER UPON DESIGNATION AS SUCH
  AGENT BY THE TREASURER. SUCH TAX SHALL BE PAID AT THE SAME TIME  AS  THE
  REAL  ESTATE  TRANSFER TAX IMPOSED BY ARTICLE THIRTY-ONE OF THIS CHAPTER
  IS REQUIRED TO BE  PAID.  SUCH  TREASURER  OR  RECORDING  OFFICER  SHALL
  ENDORSE  UPON  EACH  DEED OR INSTRUMENT EFFECTING A CONVEYANCE A RECEIPT
  FOR THE AMOUNT OF THE TAX SO PAID.
    2. A RETURN SHALL BE REQUIRED TO  BE  FILED  WITH  SUCH  TREASURER  OR
  RECORDING  OFFICER  FOR PURPOSES OF THE REAL ESTATE TRANSFER TAX IMPOSED
  PURSUANT TO THIS ARTICLE AT THE SAME TIME AS A RETURN IS REQUIRED TO  BE
  FILED  FOR  PURPOSES  OF THE REAL ESTATE TRANSFER TAX IMPOSED BY ARTICLE
  THIRTY-ONE OF THIS CHAPTER. THE RETURN, FOR PURPOSES OF THE REAL  ESTATE
  TRANSFER  TAX  IMPOSED PURSUANT TO THIS ARTICLE, SHALL BE A PHOTOCOPY OR
  CARBON COPY OF THE REAL ESTATE TRANSFER TAX RETURN REQUIRED TO BE  FILED
  PURSUANT  TO  SECTION  FOURTEEN  HUNDRED NINE OF THIS CHAPTER.  HOWEVER,
  WHEN AN APPORTIONMENT IS REQUIRED TO BE MADE PURSUANT TO SECTION SIXTEEN
  HUNDRED THIRTY-M OF THIS ARTICLE, A  SUPPLEMENTAL  FORM  SHALL  ALSO  BE
  REQUIRED  TO  BE FILED. THE REAL ESTATE TRANSFER TAX RETURNS AND SUPPLE-
  MENTAL FORMS REQUIRED TO BE FILED PURSUANT  TO  THIS  SECTION  SHALL  BE
  PRESERVED FOR THREE YEARS AND THEREAFTER UNTIL SUCH TREASURER OR RECORD-
  ING OFFICER ORDERS THEM TO BE DESTROYED.
    3.  THE  RECORDING  OFFICER SHALL NOT RECORD AN INSTRUMENT EFFECTING A
  CONVEYANCE UNLESS THE RETURN REQUIRED BY THIS SECTION HAS BEEN FILED AND
  THE TAX IMPOSED PURSUANT  TO  THIS  ARTICLE  SHALL  HAVE  BEEN  PAID  AS
  PROVIDED IN THIS SECTION.
    S 1630-D. LIABILITY FOR TAX.  1. THE REAL ESTATE TRANSFER TAX SHALL BE
  PAID  BY  THE  GRANTOR. IF THE GRANTOR HAS FAILED TO PAY THE TAX IMPOSED
  PURSUANT TO THIS ARTICLE OR IF THE GRANTOR IS EXEMPT FROM SUCH TAX,  THE
  GRANTEE  SHALL  HAVE  THE DUTY TO PAY THE TAX. WHERE THE GRANTEE HAS THE
  DUTY TO PAY THE TAX BECAUSE THE GRANTOR HAS  FAILED  TO  PAY,  SUCH  TAX
  SHALL BE THE JOINT AND SEVERAL LIABILITY OF THE GRANTOR AND THE GRANTEE.
    2. FOR THE PURPOSE OF THE PROPER ADMINISTRATION OF THIS ARTICLE AND TO
  PREVENT  EVASION OF THE TAX HEREBY AUTHORIZED, 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.
    S 1630-E. EXEMPTIONS. 1. THE FOLLOWING SHALL BE EXEMPT FROM PAYMENT OF
  THE REAL ESTATE TRANSFER TAX:

    (A) THE STATE OF NEW YORK, OR ANY OF ITS AGENCIES,  INSTRUMENTALITIES,
  POLITICAL  SUBDIVISIONS,  OR  PUBLIC  CORPORATIONS  (INCLUDING  A PUBLIC
  CORPORATION CREATED PURSUANT TO AGREEMENT OR COMPACT WITH ANOTHER  STATE
  OR THE DOMINION OF CANADA).

 S. 5410--A                          5

    (B)  THE  UNITED  NATIONS, THE UNITED STATES OF AMERICA AND ANY OF ITS
  AGENCIES AND INSTRUMENTALITIES.
    THE EXEMPTION OF SUCH GOVERNMENTAL BODIES OR PERSONS SHALL NOT, HOWEV-
  ER, RELIEVE A GRANTEE FROM THEM OF LIABILITY FOR THE TAX.
    2. THE TAX SHALL NOT APPLY TO ANY OF THE FOLLOWING CONVEYANCES:

    (A)  CONVEYANCES  TO THE UNITED NATIONS, THE UNITED STATES OF AMERICA,
  THE STATE OF NEW YORK, OR ANY OF THEIR  INSTRUMENTALITIES,  AGENCIES  OR
  POLITICAL  SUBDIVISIONS  (OR  ANY PUBLIC CORPORATION, INCLUDING A PUBLIC
  CORPORATION CREATED PURSUANT TO AGREEMENT OR COMPACT WITH ANOTHER  STATE
  OR THE DOMINION OF CANADA);
    (B) CONVEYANCES WHICH ARE OR WERE USED TO SECURE A DEBT OR OTHER OBLI-
  GATION;
    (C)  CONVEYANCES  WHICH,  WITHOUT  ADDITIONAL  CONSIDERATION, CONFIRM,
  CORRECT, MODIFY OR SUPPLEMENT A PRIOR CONVEYANCE;
    (D) CONVEYANCES OF REAL PROPERTY WITHOUT CONSIDERATION  AND  OTHERWISE
  THAN  IN  CONNECTION WITH A SALE, INCLUDING CONVEYANCES CONVEYING REALTY
  AS BONA FIDE GIFTS;
    (E) CONVEYANCES GIVEN IN CONNECTION WITH A TAX SALE;
    (F) CONVEYANCES TO EFFECTUATE A MERE CHANGE OF  IDENTITY  OR  FORM  OF
  OWNERSHIP  OR ORGANIZATION WHERE THERE IS NO CHANGE IN BENEFICIAL OWNER-
  SHIP, OTHER THAN CONVEYANCES TO A COOPERATIVE HOUSING CORPORATION OF THE
  REAL PROPERTY COMPRISING THE COOPERATIVE DWELLING OR DWELLINGS;
    (G) CONVEYANCES WHICH CONSIST OF A DEED OF PARTITION;
    (H) CONVEYANCES GIVEN PURSUANT TO THE FEDERAL BANKRUPTCY ACT;
    (I) CONVEYANCES OF REAL PROPERTY WHICH CONSIST OF THE EXECUTION  OF  A
  CONTRACT  TO  SELL  REAL  PROPERTY  WITHOUT THE USE OR OCCUPANCY OF SUCH
  PROPERTY OR THE GRANTING OF AN OPTION TO PURCHASE REAL PROPERTY  WITHOUT
  THE USE OR OCCUPANCY OF SUCH PROPERTY; AND
    (J)  CONVEYANCES  OF  AN  OPTION OR CONTRACT TO PURCHASE REAL PROPERTY
  WITH THE USE OR OCCUPANCY OF SUCH PROPERTY WHERE  THE  CONSIDERATION  IS
  LESS THAN TWO HUNDRED THOUSAND DOLLARS AND SUCH PROPERTY WAS USED SOLELY
  BY  THE  GRANTOR AS HIS PERSONAL RESIDENCE AND CONSISTS OF A ONE, TWO OR
  THREE-FAMILY HOUSE, AN INDIVIDUAL RESIDENTIAL CONDOMINIUM  UNIT  OR  THE
  SALE  OF  STOCK  IN A COOPERATIVE HOUSING CORPORATION IN CONNECTION WITH
  THE GRANT OR TRANSFER OF A PROPRIETARY LEASEHOLD COVERING AN  INDIVIDUAL
  RESIDENTIAL COOPERATIVE UNIT.
    S 1630-F.  CREDIT. A GRANTOR SHALL BE ALLOWED A CREDIT AGAINST THE TAX
  DUE  ON A CONVEYANCE OF REAL PROPERTY TO THE EXTENT TAX WAS PAID BY SUCH
  GRANTOR ON A PRIOR CREATION OF A LEASEHOLD OF ALL OR A  PORTION  OF  THE
  SAME  REAL  PROPERTY  OR  ON  THE  GRANTING  OF AN OPTION OR CONTRACT TO
  PURCHASE ALL OR A PORTION OF THE SAME REAL PROPERTY,  BY  SUCH  GRANTOR.
  SUCH  CREDIT  SHALL  BE  COMPUTED  BY  MULTIPLYING  THE  TAX PAID ON THE
  CREATION OF THE LEASEHOLD OR ON THE GRANTING OF THE OPTION  OR  CONTRACT
  BY  A FRACTION, THE NUMERATOR OF WHICH IS THE VALUE OF THE CONSIDERATION
  USED TO COMPUTE SUCH TAX PAID WHICH IS NOT YET DUE TO  SUCH  GRANTOR  ON
  THE  DATE  OF THE SUBSEQUENT CONVEYANCE (AND WHICH SUCH GRANTOR WILL NOT
  BE ENTITLED TO RECEIVE AFTER SUCH DATE), AND THE DENOMINATOR OF WHICH IS
  THE TOTAL VALUE OF THE CONSIDERATION USED TO COMPUTE SUCH TAX PAID.
    S 1630-G. COOPERATIVE HOUSING CORPORATION TRANSFERS. 1.  NOTWITHSTAND-
  ING THE DEFINITION OF "CONTROLLING INTEREST"  CONTAINED  IN  SUBDIVISION
  TWO  OF  SECTION SIXTEEN HUNDRED THIRTY-A OF THIS ARTICLE OR ANYTHING TO
  THE CONTRARY CONTAINED IN SUBDIVISION FIVE OF  SECTION  SIXTEEN  HUNDRED
  THIRTY-A OF THIS ARTICLE, THE TAX IMPOSED PURSUANT TO THIS ARTICLE SHALL
  APPLY TO (A) THE ORIGINAL CONVEYANCE OF SHARES OF STOCK IN A COOPERATIVE
  HOUSING  CORPORATION  IN  CONNECTION  WITH  THE  GRANT  OR TRANSFER OF A
  PROPRIETARY LEASEHOLD BY THE COOPERATIVE CORPORATION OR COOPERATIVE PLAN

 S. 5410--A                          6

  SPONSOR, AND (B) THE SUBSEQUENT CONVEYANCE OF SUCH STOCK  IN  A  COOPER-
  ATIVE  HOUSING CORPORATION IN CONNECTION WITH THE GRANT OR TRANSFER OF A
  PROPRIETARY LEASEHOLD BY THE OWNER THEREOF. WITH  RESPECT  TO  ANY  SUCH
  SUBSEQUENT  CONVEYANCE  WHERE  THE PROPERTY IS AN INDIVIDUAL RESIDENTIAL
  UNIT, THE CONSIDERATION FOR THE  INTEREST  CONVEYED  SHALL  EXCLUDE  THE
  VALUE  OF  ANY  LIENS  ON CERTIFICATES OF STOCK OR OTHER EVIDENCES OF AN
  OWNERSHIP INTEREST IN AND A PROPRIETARY  LEASE  FROM  A  CORPORATION  OR
  PARTNERSHIP  FORMED FOR THE PURPOSE OF COOPERATIVE OWNERSHIP OF RESIDEN-
  TIAL INTEREST IN REAL ESTATE REMAINING THEREON AT THE  TIME  OF  CONVEY-
  ANCE.  IN DETERMINING THE TAX ON A CONVEYANCE DESCRIBED IN PARAGRAPH (A)
  OF THIS SUBDIVISION, A CREDIT SHALL BE ALLOWED FOR A PROPORTIONATE  PART
  OF  THE  AMOUNT  OF  ANY TAX PAID UPON THE CONVEYANCE TO THE COOPERATIVE
  HOUSING CORPORATION OF THE  REAL  PROPERTY  COMPRISING  THE  COOPERATIVE
  DWELLING  OR  DWELLINGS TO THE EXTENT THAT SUCH CONVEYANCE EFFECTUATED A
  MERE CHANGE OF IDENTITY OR FORM OF OWNERSHIP OF SUCH PROPERTY AND NOT  A
  CHANGE  IN THE BENEFICIAL OWNERSHIP OF SUCH PROPERTY.  THE AMOUNT OF THE
  CREDIT SHALL BE DETERMINED BY MULTIPLYING THE AMOUNT OF  TAX  PAID  UPON
  THE  CONVEYANCE  TO  THE COOPERATIVE HOUSING CORPORATION BY A PERCENTAGE
  REPRESENTING THE EXTENT TO WHICH  SUCH  CONVEYANCE  EFFECTUATED  A  MERE
  CHANGE  OF IDENTITY OR FORM OF OWNERSHIP AND NOT A CHANGE IN THE BENEFI-
  CIAL OWNERSHIP OF SUCH PROPERTY,  AND  THEN  MULTIPLYING  THE  RESULTING
  PRODUCT  BY  A  FRACTION,  THE NUMERATOR OF WHICH SHALL BE THE NUMBER OF
  SHARES OF STOCK CONVEYED IN A TRANSACTION DESCRIBED IN PARAGRAPH (A)  OF
  THIS  SUBDIVISION AND THE DENOMINATOR OF WHICH SHALL BE THE TOTAL NUMBER
  OF SHARES OF STOCK OF THE COOPERATIVE HOUSING CORPORATION (INCLUDING ANY
  STOCK HELD BY THE CORPORATION).  IN NO EVENT, HOWEVER, SHALL SUCH CREDIT
  REDUCE THE TAX, ON A CONVEYANCE  DESCRIBED  IN  PARAGRAPH  (A)  OF  THIS
  SUBDIVISION,  BELOW ZERO, NOR SHALL ANY SUCH CREDIT BE ALLOWED FOR A TAX
  PAID MORE THAN TWENTY-FOUR MONTHS PRIOR TO THE DATE ON WHICH OCCURS  THE
  FIRST  IN  A  SERIES OF CONVEYANCES OF SHARES OF STOCK IN AN OFFERING OF
  COOPERATIVE HOUSING CORPORATION SHARES DESCRIBED  IN  PARAGRAPH  (A)  OF
  THIS SUBDIVISION.
    2.  EVERY COOPERATIVE HOUSING CORPORATION SHALL BE REQUIRED TO FILE AN
  INFORMATION RETURN WITH THE TREASURER BY JULY  FIFTEENTH  OF  EACH  YEAR
  COVERING  THE  PRECEDING  PERIOD OF JANUARY FIRST THROUGH JUNE THIRTIETH
  AND BY JANUARY FIFTEENTH OF EACH YEAR COVERING THE PRECEDING  PERIOD  OF
  JULY  FIRST THROUGH DECEMBER THIRTY-FIRST. THE RETURN SHALL CONTAIN SUCH
  INFORMATION REGARDING THE CONVEYANCE OF SHARES OF STOCK IN  THE  COOPER-
  ATIVE  HOUSING  CORPORATION AS THE TREASURER MAY DEEM NECESSARY, INCLUD-
  ING, BUT NOT LIMITED TO, THE NAMES, ADDRESSES AND  EMPLOYEE  IDENTIFICA-
  TION  NUMBERS OR SOCIAL SECURITY NUMBERS OF THE GRANTOR AND THE GRANTEE,
  THE NUMBER OF SHARES CONVEYED,  THE  DATE  OF  THE  CONVEYANCE  AND  THE
  CONSIDERATION PAID FOR SUCH CONVEYANCE.
    S 1630-H. DESIGNATION OF AGENTS. THE TREASURER IS AUTHORIZED TO DESIG-
  NATE  THE RECORDING OFFICER TO ACT AS ITS AGENT FOR PURPOSES OF COLLECT-
  ING THE TAX AUTHORIZED BY THIS ARTICLE. THE TREASURER SHALL PROVIDE  FOR
  THE  MANNER  IN WHICH SUCH PERSON MAY BE DESIGNATED AS ITS AGENT SUBJECT
  TO SUCH TERMS AND CONDITIONS AS IT  SHALL  PRESCRIBE.  THE  REAL  ESTATE
  TRANSFER  TAX SHALL BE PAID TO SUCH AGENT AS PROVIDED IN SECTION SIXTEEN
  HUNDRED THIRTY-C OF THIS ARTICLE.
    S 1630-I. LIABILITY OF RECORDING OFFICER. A  RECORDING  OFFICER  SHALL
  NOT  BE  LIABLE FOR ANY INACCURACY IN THE AMOUNT OF TAX IMPOSED PURSUANT
  TO THIS ARTICLE THAT HE OR SHE SHALL COLLECT SO LONG AS HE OR SHE  SHALL
  COMPUTE AND COLLECT SUCH TAX ON THE AMOUNT OF CONSIDERATION OR THE VALUE
  OF  THE  INTEREST CONVEYED AS SUCH AMOUNTS ARE PROVIDED TO HIM OR HER BY
  THE PERSON PAYING THE TAX.

 S. 5410--A                          7

    S 1630-J. REFUNDS. WHENEVER THE TREASURER  SHALL  DETERMINE  THAT  ANY
  MONEYS  RECEIVED  UNDER THE PROVISIONS OF THE LOCAL LAW ENACTED PURSUANT
  TO THIS ARTICLE WERE PAID IN ERROR, IT  MAY  CAUSE  SUCH  MONEYS  TO  BE
  REFUNDED  PURSUANT  TO  SUCH  RULES  AND  REGULATIONS  IT MAY PRESCRIBE,
  PROVIDED  ANY  APPLICATION  FOR  SUCH REFUND IS FILED WITH THE TREASURER
  WITHIN TWO YEARS FROM THE DATE THE ERRONEOUS PAYMENT WAS MADE.
    S 1630-K. DEPOSIT AND DISPOSITION OF REVENUE. ALL TAXES  COLLECTED  OR
  RECEIVED  BY THE TREASURER OR HIS OR HER DULY AUTHORIZED AGENT UNDER THE
  PROVISIONS OF THE LOCAL LAW ENACTED PURSUANT TO THIS  ARTICLE  SHALL  BE
  DEPOSITED  IN  ACCORDANCE  WITH PROVISIONS OF A LOCAL LAW ADOPTED BY THE
  LEGISLATIVE BODY OF THE COUNTY  OF  LIVINGSTON  WHICH  LOCAL  LAW  SHALL
  DESIGNATE  PROPER  OFFICERS  TO  BE  RESPONSIBLE  FOR DEPOSIT OF REVENUE
  COLLECTED OR RECEIVED UNDER THIS ARTICLE.  SUCH  LOCAL  LAW  SHALL  ALSO
  PROVIDE THAT ANY OFFICER DESIGNATED TO COLLECT, RECEIVE, OR DEPOSIT SUCH
  REVENUE  SHALL  MAINTAIN  A  SYSTEM  OF  ACCOUNTS  SHOWING  THE  REVENUE
  COLLECTED OR RECEIVED FROM THE TAX IMPOSED  PURSUANT  TO  THIS  ARTICLE.
  SUCH  LOCAL  LAW  SHALL  ALSO  PROVIDE THAT ALL REVENUE DERIVED FROM THE
  IMPOSITION OF SUCH TAX SHALL BE DEPOSITED INTO THE GENERAL FUND  OF  THE
  COUNTY OF LIVINGSTON.
    S 1630-L. JUDICIAL REVIEW. 1. ANY FINAL DETERMINATION OF THE AMOUNT OF
  ANY  TAX  PAYABLE UNDER SECTION SIXTEEN HUNDRED THIRTY-C OF THIS ARTICLE
  SHALL BE REVIEWABLE FOR ERROR, ILLEGALITY OR UNCONSTITUTIONALITY OR  ANY
  OTHER  REASON  WHATSOEVER BY A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF
  THE CIVIL PRACTICE LAW AND RULES IF APPLICATION THEREFOR IS MADE TO  THE
  SUPREME  COURT WITHIN FOUR MONTHS AFTER THE GIVING OF THE NOTICE OF SUCH
  FINAL DETERMINATION, PROVIDED, HOWEVER, THAT ANY SUCH  PROCEEDING  UNDER
  ARTICLE  SEVENTY-EIGHT  OF THE CIVIL PRACTICE LAW AND RULES SHALL NOT BE
  INSTITUTED UNLESS (A) THE AMOUNT OF ANY TAX SOUGHT TO BE REVIEWED,  WITH
  SUCH  INTEREST AND PENALTIES THEREON AS MAY BE PROVIDED FOR BY LOCAL LAW
  SHALL BE FIRST DEPOSITED AND THERE IS FILED AN UNDERTAKING, ISSUED BY  A
  SURETY  COMPANY  AUTHORIZED  TO  TRANSACT  BUSINESS  IN  THIS  STATE AND
  APPROVED BY THE SUPERINTENDENT OF INSURANCE OF THIS STATE AS TO SOLVENCY
  AND RESPONSIBILITY, IN SUCH AMOUNT AS A JUSTICE  OF  THE  SUPREME  COURT
  SHALL  APPROVE TO THE EFFECT THAT IF SUCH PROCEEDING BE DISMISSED OR THE
  TAX CONFIRMED THE PETITIONER WILL PAY ALL COSTS AND  CHARGES  WHICH  MAY
  ACCRUE IN THE PROSECUTION OF SUCH PROCEEDING OR (B) AT THE OPTION OF THE
  PETITIONER,  SUCH  UNDERTAKING  MAY  BE IN A SUM SUFFICIENT TO COVER THE
  TAXES, INTEREST AND PENALTIES STATED IN  SUCH  DETERMINATION,  PLUS  THE
  COSTS  AND CHARGES WHICH MAY ACCRUE AGAINST IT IN THE PROSECUTION OF THE
  PROCEEDING, IN WHICH EVENT THE PETITIONER SHALL NOT BE REQUIRED  TO  PAY
  SUCH TAXES, INTEREST OR PENALTIES AS A CONDITION PRECEDENT TO THE APPLI-
  CATION.
    2.  WHERE ANY TAX IMPOSED HEREUNDER SHALL HAVE BEEN ERRONEOUSLY, ILLE-
  GALLY OR UNCONSTITUTIONALLY ASSESSED OR COLLECTED  AND  APPLICATION  FOR
  THE REFUND OR REVISION THEREOF DULY MADE TO THE PROPER FISCAL OFFICER OR
  OFFICERS,  AND  SUCH OFFICER OR OFFICERS SHALL HAVE MADE A DETERMINATION
  DENYING SUCH REFUND OR REVISION, SUCH DETERMINATION SHALL BE  REVIEWABLE
  BY  A  PROCEEDING  UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
  AND RULES; PROVIDED, HOWEVER, THAT (A)  SUCH  PROCEEDING  IS  INSTITUTED
  WITHIN  FOUR MONTHS AFTER THE GIVING OF THE NOTICE OF SUCH DENIAL, (B) A
  FINAL DETERMINATION OF TAX DUE WAS  NOT  PREVIOUSLY  MADE,  AND  (C)  AN
  UNDERTAKING  IS FILED WITH THE PROPER FISCAL OFFICER OR OFFICERS IN SUCH
  AMOUNT AND WITH SUCH SURETIES AS A JUSTICE OF THE  SUPREME  COURT  SHALL
  APPROVE  TO  THE  EFFECT THAT IF SUCH PROCEEDING BE DISMISSED OR THE TAX
  CONFIRMED, THE PETITIONER WILL PAY  ALL  COSTS  AND  CHARGES  WHICH  MAY
  ACCRUE IN THE PROSECUTION OF SUCH PROCEEDING.

 S. 5410--A                          8

    S 1630-M. APPORTIONMENT. THE LOCAL LAW ADOPTED BY THE LEGISLATIVE BODY
  OF  THE COUNTY OF LIVINGSTON SHALL PROVIDE FOR A METHOD OF APPORTIONMENT
  FOR DETERMINING THE AMOUNT OF TAX DUE  WHENEVER  THE  REAL  PROPERTY  OR
  INTEREST  THEREIN  IS  SITUATED WITHIN AND WITHOUT THE COUNTY OF LIVING-
  STON.
    S 1630-N. MISCELLANEOUS. THE LOCAL LAW ADOPTED BY THE LEGISLATIVE BODY
  OF  THE  COUNTY  OF LIVINGSTON MAY CONTAIN SUCH OTHER PROVISIONS AS SUCH
  LEGISLATIVE BODY DEEMS NECESSARY FOR THE PROPER  ADMINISTRATION  OF  THE
  TAX  IMPOSED  PURSUANT  TO THIS ARTICLE, INCLUDING PROVISIONS CONCERNING
  THE DETERMINATION OF TAX, THE IMPOSITION OF  INTEREST  ON  UNDERPAYMENTS
  AND OVERPAYMENTS AND THE IMPOSITION OF CIVIL PENALTIES.  SUCH PROVISIONS
  SHALL  BE  IDENTICAL  TO THE CORRESPONDING PROVISIONS OF THE REAL ESTATE
  TRANSFER TAX IMPOSED BY ARTICLE THIRTY-ONE OF THIS CHAPTER,  SO  FAR  AS
  SUCH  PROVISIONS  CAN  BE MADE APPLICABLE TO THE TAX IMPOSED PURSUANT TO
  THIS ARTICLE.
    S 1630-O. RETURNS TO BE SECRET. 1. EXCEPT IN  ACCORDANCE  WITH  PROPER
  JUDICIAL ORDER OR AS OTHERWISE PROVIDED BY LAW, IT SHALL BE UNLAWFUL FOR
  THE  TREASURER OR ANY OFFICER OR EMPLOYEE OF THE COUNTY OF LIVINGSTON OR
  ANY PERSON ENGAGED OR RETAINED BY SUCH COUNTY ON AN INDEPENDENT CONTRACT
  BASIS TO DIVULGE OR MAKE KNOWN IN ANY MANNER THE PARTICULARS  SET  FORTH
  OR  DISCLOSED  IN ANY RETURN REQUIRED UNDER A LOCAL LAW ENACTED PURSUANT
  TO THIS ARTICLE. HOWEVER, THAT NOTHING IN THIS  SECTION  SHALL  PROHIBIT
  THE  RECORDING OFFICER FROM MAKING A NOTATION ON AN INSTRUMENT EFFECTING
  A CONVEYANCE INDICATING THE AMOUNT OF TAX PAID. NO  RECORDED  INSTRUMENT
  EFFECTING A CONVEYANCE SHALL BE CONSIDERED A RETURN FOR PURPOSES OF THIS
  SECTION.
    2.  THE OFFICERS CHARGED WITH THE CUSTODY OF SUCH RETURNS SHALL NOT BE
  REQUIRED TO PRODUCE ANY OF THEM OR EVIDENCE  OF  ANYTHING  CONTAINED  IN
  THEM  IN  ANY ACTION OR PROCEEDING IN ANY COURT, EXCEPT ON BEHALF OF THE
  COUNTY IN ANY ACTION OR PROCEEDING INVOLVING THE COLLECTION OF A TAX DUE
  UNDER A LOCAL LAW ENACTED PURSUANT TO THIS ARTICLE TO WHICH SUCH  COUNTY
  OR AN OFFICER OR EMPLOYEE OF SUCH COUNTY IS A PARTY OR A CLAIMANT, OR ON
  BEHALF  OF ANY PARTY TO ANY ACTION OR PROCEEDING UNDER THE PROVISIONS OF
  A LOCAL LAW ENACTED PURSUANT TO THIS ARTICLE WHEN THE RETURNS  OR  FACTS
  SHOWN THEREBY ARE DIRECTLY INVOLVED IN SUCH ACTION OR PROCEEDING, IN ANY
  OF  WHICH  EVENTS THE COURT MAY REQUIRE THE PRODUCTION OF, AND MAY ADMIT
  IN EVIDENCE, SO MUCH OF SAID RETURNS OR OF THE FACTS SHOWN  THEREBY,  AS
  ARE PERTINENT TO THE ACTION OR PROCEEDING AND NO MORE.
    3.  NOTHING  HEREIN  SHALL  BE CONSTRUED TO PROHIBIT THE DELIVERY TO A
  GRANTOR OR GRANTEE OF AN INSTRUMENT EFFECTING A CONVEYANCE OR  THE  DULY
  AUTHORIZED REPRESENTATIVE OF A GRANTOR OR GRANTEE OF A CERTIFIED COPY OF
  ANY  RETURN  FILED IN CONNECTION WITH SUCH INSTRUMENT OR TO PROHIBIT THE
  PUBLICATION OF STATISTICS SO CLASSIFIED AS TO PREVENT THE IDENTIFICATION
  OF PARTICULAR RETURNS AND THE ITEMS THEREOF, OR THE  INSPECTION  BY  THE
  LEGAL  REPRESENTATIVES  OF SUCH COUNTY OF THE RETURN OF ANY TAXPAYER WHO
  SHALL BRING ACTION TO SET ASIDE OR REVIEW THE TAX BASED THEREON.
    4. ANY OFFICER OR EMPLOYEE OF SUCH COUNTY WHO WILLFULLY  VIOLATES  THE
  PROVISIONS OF THIS SECTION SHALL BE DISMISSED FROM OFFICE AND BE INCAPA-
  BLE  OF  HOLDING  ANY  PUBLIC  OFFICE IN THIS STATE FOR A PERIOD OF FIVE
  YEARS THEREAFTER.
    S 2. This act shall take effect immediately and shall  expire  and  be
  deemed repealed December 31, 2013.