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Real estate transfer 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.
 
Real estate transfer tax advisory opinions - 2013 (TSB-A)
NumberPetitioner
TSB-A-13(7)R Petitioners are owners as tenants in common of real property, on which a condominium complex consisting of a commercial unit and a residential unit will be constructed. When the construction is completed, one of the tenants-in-common will convey its interest as a tenant in common to the other, and in exchange will take title to the commercial condominium unit. Petitioners ask whether these two transactions are exempt from New York State real estate transfer tax.
TSB-A-13(4)R Whether the sale of certain hotel suite condominium units are subject to the "Mansion Tax" as a conveyance of residential real property or interest therein.

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