BSPE Legal Marketing Podcast
BSPE Legal Marketing podcasts discuss legal issues. Entertainment only does not constitute legal advice.
BSPE Legal Marketing Podcast
Do I Need to Pay Transfer Taxes When Transferring Title? - Natalia A. Sishodia
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From Sishodia PLLC - Do I Need to Pay Transfer Taxes When Transferring Title? explains how New York State transfer tax and the New York City Real Property Transfer Tax (RPTT) apply to a deed transfer in Manhattan and throughout NYC, including what legally qualifies as consideration and how transfer taxes are calculated at closing. Natalia A. Sishodia, Esq., LL.M. outlines how these rules impact buyers and sellers of condos, co-ops, residential property, and commercial property, and why understanding transfer tax obligations before recording with the Office of the City Register is essential.
This episode breaks down the core tax framework under New York Tax Law § 1402, which sets the base state transfer tax at $2 per $500 of consideration, or 0.4 percent, and explains how NYC imposes RPTT on transfers exceeding $25,000 with rates that vary by property type and price. It also explores additional taxes that may apply in high-value transactions, including the additional base tax for certain NYC conveyances, the mansion tax on $1 million or more residential purchases, and the graduated supplemental tax referenced in Form TP-584-NYC-I.
Listeners will gain clarity on common title transfer scenarios, including adding or removing a spouse, transferring property into or out of an LLC, corporation, partnership, or trust, handling an inheritance from an estate, structuring ownership as tenants in common, or navigating a 1031 exchange. The discussion highlights how New York Tax Law § 1401(d) defines consideration broadly to include mortgage assumption, cancellation of debt, or existing liens and encumbrances, meaning even a gift can trigger transfer tax liability if debt relief is involved.
The episode also covers what is required to properly transfer real property in New York, including drafting a valid deed, identifying the grantor and grantee, notarization, and recording through ACRIS. It explains the risks of nonpayment under New York Tax Law § 1416, including penalties, interest, and potential tax liens filed by the NYC Department of Finance that can delay a sale or refinance. Sishodia PLLC, located at 600 Third Avenue, 2nd Floor, New York, NY 10016, invites listeners to call (833) 616-4646 to speak with Natalia Sishodia about deed transfers, exemptions, and minimizing transfer tax exposure in Manhattan and across New York City.
Sishodia PLLC
600 3rd Ave 2nd floor, New York, NY 10016, United States
(833) 616-4646
https://www.google.com/maps?cid=12450537318741950980