Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Sep 23, 2014 |
signed chap.356 |
Sep 11, 2014 |
delivered to governor |
Jun 11, 2014 |
returned to assembly passed senate 3rd reading cal.520 substituted for s3479a |
Jun 11, 2014 |
substituted by a1582a |
May 12, 2014 |
advanced to third reading |
May 07, 2014 |
2nd report cal. |
May 06, 2014 |
1st report cal.520 |
Jan 08, 2014 |
referred to judiciary |
Sep 20, 2013 |
print number 3479a |
Sep 20, 2013 |
amend (t) and recommit to judiciary |
Feb 04, 2013 |
referred to judiciary |
Senate Bill S3479A
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A1582 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2013-S3479 - Details
- See Assembly Version of this Bill:
- A1582
- Law Section:
- Tax Law
- Laws Affected:
- Amd Tax L, generally; add §11-2119, NYC Ad Cd
2013-S3479 - Sponsor Memo
BILL NUMBER:S3479 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to the liability of referees for interest and penalties in connection with transfer taxes on deeds PURPOSE: Prevents referees from being held liable for interest or penalties on deeds filed in their capacity as referee. SUMMARY OF PROVISIONS: Subdivision (c) of section 8003 of the civil practice law and rules is relettered subdivision (d) and a new subdivi- sion (c) is added. This new subdivision provides that a referee shall not be liable for certain transfer taxes imposed upon a referee deliver- ing a deed in a foreclosure sale. JUSTIFICATION: By law, referees selling properties at foreclosure are treated as grantors subject co the Real Property Transfer Tax ("RPTT"). Specifically, 19 RCNY S 2303 (d)(2) provides that the RPTT will apply to deeds given by referees, receivers, sheriffs, etc., for realty sold under liens not canceled, by the sale, and advertising expenses, taxes and other costs paid by the purchaser, whether the purchaser is the mortgagee, judgment creditor or other person. There is no provision of law or regulation that exempts a referee, acting as a grantor, from the penalty and interest provisions otherwise imposed under the RPTT. However, as of January 1, 2012, referees will be
2013-S3479 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3479 2013-2014 Regular Sessions I N S E N A T E February 4, 2013 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to the liability of referees for interest and penalties in connection with transfer taxes on deeds THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (c) of section 8003 of the civil practice law and rules is relettered subdivision (d) and a new subdivision (c) is added to read as follows: (C) REFEREE NOT LIABLE FOR INTEREST OR PENALTY. A REFEREE SHALL NOT BE LIABLE FOR ANY INTEREST OR PENALTY IN CONNECTION WITH ANY STATE OR LOCAL TRANSFER TAXES IMPOSED UPON A DEED DELIVERED BY A REFEREE TRANS- FERRING A PROPERTY PURSUANT TO A JUDGMENT OF FORECLOSURE AND SALE. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04799-01-3
2013-S3479A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1582
- Law Section:
- Tax Law
- Laws Affected:
- Amd Tax L, generally; add §11-2119, NYC Ad Cd
2013-S3479A (ACTIVE) - Sponsor Memo
BILL NUMBER:S3479A TITLE OF BILL: An act to amend the tax law and the administrative code of the city of New York, in relation to the liability of referees for interest and penalties in connection with transfer taxes on deeds PURPOSE: Prevents referees from. being held liable for interest or penalties on deeds filed in their capacity as referee. SUMMARY OF PROVISIONS: Sections 1 through 14 amend Tax Law articles 31, 31-A, 31-B, 31-C, 31-D, 31-E, 31-F, and 31-G by adding a new section to each respective article providing that when real property is transferred by a referee or sheriff pursuant to a court order in a foreclosure proceeding ordering the sale of the property, the referee or sheriff effectuating such transfer shall not be liable for any interest or penalties authorized pursuant to the Tax Law article being amended or Article 37 of the Tax Law. Section 15 amends section 1240 of the Tax Law to provide that the authorization for the City of New York to impose a tax upon the transfer of real property that is granted by Tax Law section 1201(b) shall not include the authorization to impose a civil or criminal
2013-S3479A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3479--A 2013-2014 Regular Sessions I N S E N A T E February 4, 2013 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the tax law and the administrative code of the city of New York, in relation to the liability of referees for interest and penalties in connection with transfer taxes on deeds 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 section 1422 to read as follows: S 1422. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER- EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE THIRTY-SEVEN OF THIS CHAPTER. S 2. The tax law is amended by adding a new section 1437 to read as follows: S 1437. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER- EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE THIRTY-SEVEN OF THIS CHAPTER. S 3. The tax law is amended by adding a new section 1438-p to read as follows: S 1438-P. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04799-04-3
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