S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5405--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  tax law, in relation to clarifying that certain
   documents attached to real estate tax returns are not  considered  tax
   returns for certain secrecy purposes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 1409 of the tax law, as  amended
 by chapter 297 of the laws of 2019, is amended to read as follows:
   (a)  (1)  A  joint  return  shall be filed by both the grantor and the
 grantee for each conveyance whether or not a tax is  due  thereon  other
 than  a  conveyance  of  an  easement  or license to a public utility as
 defined in subdivision two of section one hundred eighty-six-a  of  this
 chapter  or to a public utility which is a provider of telecommunication
 services as defined in subdivision one of section  one  hundred  eighty-
 six-e  of  this  chapter, where the consideration is two dollars or less
 and is clearly stated as  actual  consideration  in  the  instrument  of
 conveyance.
   (2) When the grantor or grantee of a deed for A BUILDING USED AS resi-
 dential  real  property  containing  [one-  to  four-] UP TO FOUR family
 dwelling units is a limited liability company, the  joint  return  shall
 not  be accepted for filing unless it is accompanied by a document which
 identifies the names and business addresses of  all  members,  managers,
 and  any  other  authorized  persons,  if any, of such limited liability
 company and the names and business addresses or, if none,  the  business
 addresses  of  all  shareholders, directors, officers, members, managers
 and partners of any limited liability company or other  business  entity
 that  are  to be the members, managers or authorized persons, if any, of
 such limited liability company. The identification  of  such  names  and
 addresses shall not be deemed an unwarranted invasion of personal priva-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              
             
                          
                                                                            LBD08461-06-1
 A. 5405--A                          2
 
 cy  pursuant  to  article  six  of  the public officers law. If any such
 member, manager or authorized person of the limited liability company is
 itself a limited liability company or other business entity OTHER THAN A
 PUBLICLY  TRADED  ENTITY,  A REIT, A UPREIT, OR A MUTUAL FUND, the names
 and addresses of the shareholders, directors, officers, members,  manag-
 ers  and  partners  of  the  limited liability company or other business
 entity shall also be disclosed until full disclosure of ultimate  owner-
 ship  by  natural persons is achieved. For purposes of this subdivision,
 the terms "members", "managers", "authorized person", "limited liability
 company" and "other business entity" shall  have  the  same  meaning  as
 those  terms  are  defined  in  section  one  hundred two of the limited
 liability company law.
   (3) The return shall be filed with the recording  officer  before  the
 instrument effecting the conveyance may be recorded. However, if the tax
 is  paid to the commissioner pursuant to section fourteen hundred ten of
 this article, the return shall be filed with such  commissioner  at  the
 time  the tax is paid. In that instance, a receipt evidencing the filing
 of the return and the payment of tax shall be filed with  the  recording
 officer  before the instrument effecting the conveyance may be recorded.
 The recording officer shall handle such receipt in the same manner as  a
 return filed with the recording officer.
   §  2.  Subdivision  (h)  of  section  1418 of the tax law, as added by
 section 7 of part X of chapter 56 of the laws of  2010  and  as  further
 amended  by  subdivision (c) of section 1 of part W of chapter 56 of the
 laws of 2010, is amended to read as follows:
   (h) Notwithstanding the provisions of subdivision (a) of this section,
 the commissioner may  furnish  information  relating  to  real  property
 transfers  obtained or derived from returns filed pursuant to this arti-
 cle in relation to the real estate transfer tax, to the extent that such
 information is also required to  be  reported  to  the  commissioner  by
 section  three hundred thirty-three of the real property law and section
 five hundred seventy-four of the real property tax  law  and  the  rules
 adopted  thereunder,  provided  such information was collected through a
 combined process established pursuant to an agreement entered into  with
 the  commissioner  pursuant  to  paragraph  viii of subdivision one-e of
 section three hundred thirty-three of the real property law. The commis-
 sioner may redisclose such  information  to  the  extent  authorized  by
 section  five  hundred  seventy-four  of  the real property tax law. THE
 COMMISSIONER MAY ALSO DISCLOSE  ANY  INFORMATION  REPORTED  PURSUANT  TO
 PARAGRAPH  TWO  OF  SUBDIVISION  (A) OF SECTION FOURTEEN HUNDRED NINE OF
 THIS ARTICLE.
   § 3. This act shall take effect immediately.