You must pay the Real Property Transfer Tax (RPTT) on sales, grants, assignments, transfers or surrenders of real property in New York City. You must also pay RPTT for the sale or transfer of at least 50% of ownership in a corporation, partnership, trust, or other entity that owns/leases property and transfers of cooperative housing stock shares.
What Property Transfers are Subject to the Tax?
RPTT applies whenever the sale or transfer is more than $25,000. This includes state or federal government-owned property transferred to a non-government entity. The RPTT must also be paid when the land and building(s) that make up a cooperative dwelling(s) are transferred to a cooperative housing corporation.
Who is Exempt from the Tax?
- The United States Government and its agencies.
- New York State, its agencies and political subdivisions.
- A foreign government, a person acting on behalf of a foreign government, or the head of a foreign government's diplomatic mission. The premises must be used exclusively for diplomatic or consular purposes. Other usage may result in the payment of tax.
If the government entity is transferring the property to a non-government entity, the non-government entity must file a return and pay the tax.
What Property Transfers are Exempt from the Tax, but Must be Reported on a RPTT Return?
A deed, instrument, or transaction:
- to or from the United Nations or any other worldwide, international organization where the US is a member;
- to or from a non-profit organization formed and operated exclusively for religious, charitable or educational purposes, or for the prevention of cruelty to children or animals;
- to any government body exempt from payment of the tax.;
- given solely as security for a debt or a deed/instrument given solely to return such security;
- from an agent, dummy, straw man, or conduit to his principal, or a deed, instrument, or transaction from the principal to his agency dummy, straw man or conduit;
- given by an executor outlined within the terms of a will. However, a deed given by an executor in connection with a sale of an interest in real property is taxable;
- that effects a mere change of identity or form of ownership or organization but only to the extent that the beneficial ownership remains the same.
The tax rate and amount of tax due depends on the type of sale or transfer of property. The tax is usually paid as part of closing costs at the sale or transfer of property.
Residential Type 1 and 2 transfers:
- If the value is $500,000 or less, the rate is 1% of the price.
- If the value is more than $500,000 the rate is 1.425%.
#1 Residential - A transfer of an economic interest in:
- a one- to three-family house;
- an individual residential condominium unit; or
- an individual cooperative apartment.
#2 Residential - A grant, assignment, or surrender of, or the transfer of an economic interest in a leasehold interest in
- a one, two, or three family house or
- an individual dwelling unit in a home of more than three families living independently of each other.
All other transfers:
- If the value is $500,000 or less, the rate is 1.425% of the price.
- If the value is more than $500,000 the rate is 2.625%.
Transfers to Real Estate Investment Trusts (REITS)
Taxed at one-half the otherwise applicable rate, if certain conditions are met. Refer to Schedule R of Form NYC-RPT for more information.
Tax Forms and Filing Information
The NYC-RPTT packet includes the complete Transfer Tax Return and instructions, registration forms for receiving bills for real estate tax, water, and sewer, and a smoke detector affidavit of compliance. Cooperative Transfer Summary returns are separate.
If your property is located in Manhattan (NY County), Bronx, Brooklyn (Kings County), or Queens, you must create the packet of RPTT forms online using ACRIS, the Automated City Register Information System. The program will ensure all required forms and fields are completed.
If your property is located in Staten Island (Richmond County), complete the Form NYC-RPT.
You must pay the RPTT tax and file the return within thirty days after the transfer of the property.
Even if the transfer is not subject to tax, or the tax is zero, the return must still be filed within thirty days after the transfer.
There is a $100 fee to file the RPTT for non-deed transfers.
Local Law: Title 11, Chapter 21, Administrative Code
Enabling Act: Tax Law Section 1201(b)
Frequently Asked Questions
Do the Grantor and Grantee Both Have to Sign the RPTT return?
Yes, they both have to sign the return. If either the Grantor or Grantee has not signed the return, the party that did not sign it may have to pay penalties as a non-filer.
If there are Multiple Grantors or Grantees, Can Only One Grantor and One Grantee Sign the RPTT?
No. All parties have to sign the return. Any Grantor or Grantee that has not signed the return may have to pay penalties as a non-filer.
Can an Attorney, Title Company Representative, or Family Member Discuss a Case with Finance on Behalf of a Taxpayer?
In order for anyone other than the Grantor or Grantee to discuss a case with Finance, you must file a Power of Attorney with Finance.