Who is Responsible For The NYC Real Property Transfer Tax?

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Who pays the NYC real property transfer tax? The seller pays the NYC real property transfer tax or RPTT. It applies to all real estate transactions, including co-ops that are technically not considered real property but rather personal property, since what you actually buy are shares of a co-operative and the right to live in one of the units.

The transfer tax applies to all properties above $25,000, and the rate differs based on property value. The city levies this tax at 1% of the sales price for all properties sold under $500,000. The rate is 1.425% for properties selling for a higher price. There is also a state transfer tax.

A small wooden house model labeled 'PROPERTY TAX' placed on a stack of hundred-dollar bills, symbolizing real estate property taxes.

Both taxes are paid by the seller, who is typically responsible for the real property transfer tax. However, in certain market conditions, the seller may shift this responsibility to the buyer. One exception is new developments where this tax may be the responsibility of the buyer since they are buying it from developers, and the transaction is a first-time purchase, not a resale.

The real property transfer tax is a significant segment of the overall costs the seller bears in NYC. It’s often the second highest cost behind the commission for the New York City broker. NYC sellers who own a co-op might also have to pay an additional tax to their building, called the flip tax, which adds to the closing cost.


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