New York Laws
Article 11 - Tax on Mortgages
253-A - Recording Tax by a City of One Million or More.

(b) The term "related", when used in this subdivision with reference
to mortgagors, shall include, but shall not be limited to, the following
relationships:
(i) members of a family, including spouses, ancestors, lineal
descendants, and brothers and sisters (whether by the whole or half
blood);
(ii) a shareholder and a corporation more than fifty percent of the
value of the outstanding stock of which is owned or controlled directly
or indirectly by such shareholder;
(iii) a partner and a partnership more than fifty percent of the
capital or profits interest in which is owned or controlled directly or
indirectly by such partner;
(iv) a beneficiary and a trust more than fifty percent of the
beneficial interest in which is owned or controlled directly or
indirectly by such beneficiary;
(v) two or more corporations, partnerships, associations, or trusts,
or any combination thereof, which are owned or controlled, either
directly or indirectly, by the same person, corporation or other entity,
or interests; and
(vi) a grantor of a trust and such trust.
* 4. The taxes imposed under the authority of this section shall be
administered and collected in the same manner as the taxes imposed under
subdivision one of section two hundred fifty-three and paragraph (b) of
subdivision one of section two hundred fifty-five of this chapter.
Except as otherwise provided in this section, all the provisions of this
article relating to or applicable to the administration and collection
of the taxes imposed by such subdivisions shall apply to the taxes
imposed under the authority of this section with such modifications as
may be necessary to adapt such language to the tax so authorized. Such
provisions shall apply with the same force and effect as if those
provisions had been set forth in full in this section except to the
extent that any provision is either inconsistent with a provision of
this section or not relevant to the tax authorized by this section. For
purposes of this section, any reference in this article to the tax or
taxes imposed by this article shall be deemed to refer to a tax imposed
pursuant to this section, and any reference to the phrase "within this
state" shall be read as "within a city imposing a tax pursuant to
section two hundred fifty-three-a", unless a different meaning is
clearly required.
* NB Amended as sub 4;should be sub 3
4. Where the real property covered by the mortgage subject to the tax
imposed pursuant to the authority of this section is situated in this
state but within and without a city imposing such tax, the amount of
such tax due and payable to such city shall be determined in a manner
similar to that prescribed in the first paragraph of section two hundred
sixty which concerns real property situated in two or more counties.
Where such property is situated both within such city and without the
state, the amount due and payable to such city shall be determined in
the manner prescribed in the second paragraph of section two hundred
sixty which concerns property situated within and without the state.
Where real property is situated within and without the city imposing
such tax, the recording officer of the jurisdiction in which the
mortgage is first recorded shall be required to collect the taxes
imposed pursuant to this section.
5. A tax imposed pursuant to the authority of this section shall be in
addition to the taxes imposed by section two hundred fifty-three.
6. Any local law imposing a tax pursuant to the authority of this
section or repealing or suspending such a tax shall take effect only on
the first day of a calendar month. Such a local law shall not be
effective unless a certified copy thereof is mailed by registered or
certified mail to the state tax commission at its office in Albany at
least sixty days prior to the date the local law shall take effect.
However, the tax commission may waive and reduce such sixty-day notice
requirement to a requirement that such certified copy be mailed by
registered or certified mail within a period of not less than thirty
days prior to such effective date if it deems such action to be
consistent with its duties under this section.
7. Certified copies of any local law described in this section shall
also be filed with the city clerk, the secretary of state and the state
comptroller within five days after the date it is duly enacted.

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