Assembly Bill A4855

Signed By Governor
2013-2014 Legislative Session

Relates to notices filed of the payment of mortgage recording tax on an instrument not entitled to be recorded

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Archive: Last Bill Status - 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

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2013-A4855 (ACTIVE) - Details

See Senate Version of this Bill:
S4532
Law Section:
Tax Law
Laws Affected:
Amd §258-a, Tax L

2013-A4855 (ACTIVE) - Summary

Relates to notices filed of the payment of mortgage recording tax on an instrument not entitled to be recorded; provides that such filing does not give notice of interest in real property.

2013-A4855 (ACTIVE) - Bill Text download pdf

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

                                  4855

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on Ways and Means

AN  ACT  to  amend  the tax law, in relation to the treatment of notices
  filed of the payment of mortgage recording tax on  an  instrument  not
  entitled to be recorded

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

  Section 1. Section 258-a of the tax law, as amended by chapter 218  of
the laws of 1930, is amended to read as follows:
  S 258-a.  Payment  of  tax  on instruments not recorded. An instrument
taxable under this article but which is not entitled to be recorded, may
nevertheless be presented to the recording  officer  of  the  county  in
which  the real property or any part thereof affected by said instrument
is situated, and there may be paid to such officer the amount of the tax
which would be payable under this  article  on  the  recording  of  such
instrument  if the same were entitled to be recorded. Such officer shall
receive such amount and such payment  shall  have  the  same  force  and
effect,  so  far as this article is concerned, as if such instrument had
been duly recorded and the tax thereon paid. It shall be the duty of the
recording officer to indorse upon  the  instrument  a  receipt  for  the
amount  of the tax so paid. A copy of each instrument upon which the tax
is paid as above provided shall be filed with the recording officer  and
preserved among his mortgage tax records.
  Where  an  unrecorded  instrument  subject  to the tax imposed by this
article has been lost or destroyed, the tax commission,  upon  presenta-
tion  of proper proofs, may determine the taxable amount of such instru-
ment and by order authorize the recording officer to receive and receipt
for such tax as fully and with the same force and effect, so far as this
article is concerned, as if the instrument had been  duly  recorded  and
the tax thereon paid.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08352-01-3

              

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