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Mortgage recording tax advisory opinions - 2013 (TSB-A)

An Advisory Opinion is issued at the request of a person or entity.  It is limited to the facts set forth therein and is binding on the Department only with respect to the person or entity to whom it is issued and only if the person or entity fully and accurately describes all relevant facts.  An Advisory Opinion is based on the law, regulations, and Department policies in effect as of the date the Opinion is issued or for the specific time period at issue in the Opinion.
 

Mortgage recording tax advisory opinions - 2013 (TSB-A)
NumberPetitioner
TSB-A-13(6)R Whether mortgages recorded by a not-for-profit local development corporation to secure loans are exempt from the mortgage recording taxes under Article 11 of the Tax Law.
TSB-A-13(5)R Whether Petitioner is an agency, instrumentality, or subdivision of New York State (NYS) and thus exempt from paying mortgage recording taxes when it records a mortgage.
TSB-A-13(3)R Petitioners asked whether the highest rate of mortgage recording tax would be due upon the recording of a mortgage, securing both a condominium in which they lived and a newly acquired adjacent condominium, purchased for the purpose of combining the two condominiums into a single-family residence after the purchase was completed.
TSB-A-13(2)R Whether the mortgage recording tax credit provided under Real Property Law section 339-ee applies, when the condominium purchase occurred more than two years after the Original Sponsor's recording of the Declaration of Condominium but not more than two years after the recording of a post-foreclosure Amended and Restated Declaration of Condominium by a new sponsor
TSB-A-13(1)R Is Petitioner, a free association library, an agency, instrumentality, or political subdivision of New York such that it is immune from paying mortgage recording taxes?

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