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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rules

The purpose of this rule amendment is to require that real property transfer tax returns be filed electronically, as well as in paper form, for transfers of real property located in Staten Island, pursuant to Section 11-2105 of the Administrative Code of the City of New York.  This amended rule represents an extension of our current electronic filing requirement policy for other counties within the City of New York to include returns relating to transfers of real property located Richmond County. 

Matter underlined is new. 

Matter in [brackets] is to be deleted.  

“Will” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department unless otherwise specified or unless the context clearly indicates otherwise.

Effective Date: 
Wed, 12/13/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, October 17, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rules

The purpose of this rule amendment is to require that real property transfer tax returns be filed electronically, as well as in paper form, for transfers of real property located in Staten Island, pursuant to Section 11-2105 of the Administrative Code of the City of New York.  This amended rule represents an extension of our current electronic filing requirement policy for other counties within the City of New York to include returns relating to transfers of real property located Richmond County. 

Matter underlined is new. 

Matter in [brackets] is to be deleted. 

“Will” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department unless otherwise specified or unless the context clearly indicates otherwise.

Section 1.  Subdivision (c) of section 23-09 of Chapter 23 of Title 19 of the Rules of the City of New York is amended to read as follows:

(c) The Register shall accept a return offered for filing provided the paper return is signed under oath by the grantor or his agent or by the grantee or his agent, unless it appears that the return is insufficient on its face, as where the return shows that the amount of the consideration paid or required to be paid without deductions is less than the amount of mortgages or other liens or encumbrances. If either the grantor or grantee has failed to sign the paper return, it shall be accepted as a return, but the party who has failed to sign the paper return or to file and sign a separate paper return shall be subject to the penalties applicable to a person who has failed to file a return and the period of limitations for assessment of tax or of additional tax shall not apply to such party. The Register is also authorized to reject a return that states that there was no consideration for the deed unless there is attached to such return a statement setting forth the grounds upon which it is claimed that there was no consideration. The acceptance by the Register of a return for filing shall in no way indicate the propriety or correctness of the return. The issuance of a confirmation by the Commissioner of Finance upon receipt of an electronic return shall in no way indicate the propriety or correctness of the electronic return and is not evidence of a completed return nor evidence that the paper return has been completed, filed or received by the Department of Finance. If a return or affidavit required by the law is not filed or if a return or affidavit when filed is incorrect or insufficient on its face the Commissioner of Finance shall take the necessary steps to enforce the filing of such a return or affidavit or of a corrected return or affidavit. The Commissioner of Finance may require amended returns to be filed within twenty days after notice and to contain the information specified in the notice.

Subject: 

.Required Electronic Filing of Staten Island RPTT Returns

Location: 
NYC Department of Finance, Legal Affairs Division
345 Adams Street, 3rd Floor
Brooklyn, NY 11201
Contact: 

Sign up before the hearing by calling Joan Best at (718) 488-2007, or submit comments through the NYC rules website: http://rules.cityofnewyork.us. or email comments to steffyj@finance.nyc.gov. or mail comments to NYC Department of Finance, Legal Affairs Division, 345 Adams Street, 3rd Floor, Brooklyn, N.Y. 11201, Attn: John R. Steffy. Also you can fax comments to NYC Department of Finance, Attn: John R. Steffy, at (718) 488-2471.

Download Copy of Proposed Rule (.pdf):