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This entry was published on 2021-04-23
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SECTION 1404
Liability for tax
Tax (TAX) CHAPTER 60, ARTICLE 31
§ 1404. Liability for tax. * (a) The real estate transfer tax shall be
paid by the grantor. If the grantor has failed to pay the tax imposed by
this article at the time required by section fourteen hundred ten of
this article or if the grantor is exempt from such tax, the grantee
shall have the duty to pay the tax. Where the grantee has the duty to
pay the tax because the grantor has failed to pay, such tax shall be the
joint and several liability of the grantor and the grantee.

* NB Effective until July 1, 2021

* (a) The real estate transfer tax imposed pursuant to section
fourteen hundred two of this article shall be paid by the grantor and
such tax shall not be payable, directly or indirectly, by the grantee
except as provided in a contract between grantor and grantee or as
otherwise provided in this section. If the grantor has failed to pay the
tax imposed by this article at the time required by section fourteen
hundred ten of this article or if the grantor is exempt from such tax,
the grantee shall have the duty to pay the tax. Where the grantee has
the duty to pay the tax because the grantor has failed to pay, such tax
shall be the joint and several liability of the grantor and the grantee;
provided that in the event of such failure, the grantee shall have a
cause of action against the grantor for recovery of payment of such tax,
interest and penalties by the grantee. In the case of a conveyance of
residential real property as defined in subdivision (a) of section
fourteen hundred two-a of this article, if the tax imposed by this
article is paid by the grantee pursuant to a contract between the
grantor and the grantee, the amount of such tax shall be excluded from
the calculation of consideration subject to tax under this article.

* NB Effective July 1, 2021

(b) For the purpose of the proper administration of this article and
to prevent evasion of the tax hereby imposed, it shall be presumed that
all conveyances are taxable. Where the consideration includes property
other than money, it shall be presumed that the consideration is the
fair market value of the real property or interest therein. These
presumptions shall prevail until the contrary is proven, and the burden
of proving the contrary shall be on the person liable for payment of the
tax.