New York · Tax Law §§1402–1410New York State real estate transfer tax: the rate, who pays, the joint return and the 15-day deadline
New York imposes a tax on each conveyance of real property or an interest in it when the consideration exceeds $500, at $2 for each $500 or fraction of it (N.Y. Tax Law §1402(a)(1)). For a one-, two- or three-family house or an individual residential condominium unit, and for any conveyance under $500,000, the consideration excludes liens remaining on the property (§1402(a)). In a city of one million or more – New York City – an additional $1.25 per $500 applies to residential conveyances of $3 million or more and other conveyances of $2 million or more (§1402(a)(2)); the separate 1% "mansion tax" on residential sales of $1 million or more is in §1402-a. The grantor pays, and the grantee pays only as the contract provides or if the grantor fails to pay or is exempt – then both are jointly and severally liable, and the grantee can recover from the grantor (§1404(a)). Grantor and grantee file a joint return for each conveyance whether or not tax is due, with member information when an LLC buys or sells a one-to-four family residential building (§1409(a)). The tax is due no later than the 15th day after the grantor delivers the deed, which is presumed to be delivered on its date (§1410(a)). Exemptions include conveyances to or from governments, conveyances securing a debt, corrections without added consideration, and gifts (§1405).
The rules
1. Rate (§1402(a)(1))
$2 per $500 of consideration over $500 – $1,600 on $400,000.
2. Liens excluded (§1402(a))
For one-to-three family homes and condo units, and for conveyances under $500,000.
3. NYC add-on (§1402(a)(2))
$1.25 more per $500 on residential sales of $3 million or more and other sales of $2 million or more.
4. Who pays (§1404(a))
The seller, unless the contract shifts it; the buyer if the seller fails to pay.
5. Return and payment (§§1409, 1410)
Joint return for every conveyance; paid within 15 days after the deed is delivered.
What the TC can do
- Check the contract for who pays the transfer tax and put it on the closing statement.
- Confirm the joint return is signed by both sides – with LLC member information if an LLC is a party to a one-to-four family sale.
- For a sale of $1 million or more, add the buyer's 1% mansion tax, and for a New York City property the city transfer tax.
Questions about New York State transfer tax
Who pays the New York State transfer tax?
The seller (grantor), unless the contract provides that the buyer pays; if the seller fails to pay or is exempt, the buyer must pay and both are jointly liable (N.Y. Tax Law §1404(a)).
How much is the New York State transfer tax on a $400,000 house?
$2 per $500 of consideration: $1,600 (N.Y. Tax Law §1402(a)(1)). The 1% mansion tax applies only at $1 million or more (§1402-a).
Related guides
Put the transfer tax, the joint return and the 15-day deadline on the deal in ClosingCode as tasks with an owner and a due date.
Start free trialSource: New York Tax Law §§1402, 1404, 1405, 1409 and 1410 (nysenate.gov, read October 26, 2026).
General information, not tax or legal advice. ClosingCode is software; it is not a law firm or tax adviser. This guide is not a substitute for the advice or services of an attorney.