Form Tp 584 PDF Details

Exploring the intricacies of the TP-584 form reveals its critical role within the landscape of real estate transactions in New York State. Structured by the Department of Taxation and Finance, this combined document serves multiple purposes – it acts as a real estate transfer tax return, a credit line mortgage certificate, and a certification for exemption from estimated personal income tax payments related to conveyances. Spanning a wide array of conditions, the form caters to various entities involved in property transfers, including individuals, corporations, partnerships, estates, and trusts. Particular emphasis is placed on detailing the transaction's nature, incorporating information about the grantor/transferor and grantee/transferee alongside comprehensive descriptions of the property in question. Furthermore, it outlines the necessary tax computations and eligibility for exemptions under distinct criteria, underscoring the economic implications at play. The form is meticulously designed to capture the dynamic elements of conveyances, ranging from fee interests and cooperative housing transactions to the assignment of leases and options. Additions like the Schedule D signify a nuanced approach to addressing tax obligations for both residents and non-residents of New York State, spotlighting the form’s breadth in accommodating the complex regulatory environment surrounding real estate transfers.

QuestionAnswer
Form NameForm Tp 584
Form Length4 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min
Other namestp584 307 national granite title forms

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TP-584 (3/07)New York State Department of Taxation and Finance

Combined Real Estate

Transfer Tax Return,

Credit Line Mortgage Certificate, and

Certification of Exemption from the

Payment of Estimated Personal Income Tax

Recording office time stamp

See Form TP-584-I, Instructions for Form TP-584, before completing this form. Please print or type.

Schedule A — Information relating to conveyance

Grantor/Transferor

Name (if individual; last, first, middle initial)

 

 

Social security number

Individual

 

 

 

 

 

 

 

Corporation

Mailing address

 

 

 

Social security number

 

 

 

 

 

 

 

Partnership

 

 

 

 

 

 

 

Estate/Trust

City

State

ZIP code

 

Federal employer ident. number

 

 

 

 

 

 

 

Other

 

 

 

 

 

 

 

Grantee/Transferee

Name (if individual: last, first, middle initial)

 

 

Social security number

Individual

 

 

 

 

 

 

 

Corporation

Mailing address

 

 

 

Social security number

 

 

 

 

 

 

 

Partnership

 

 

 

 

 

 

 

Estate/Trust

City

State

ZIP code

 

Federal employer ident. number

 

 

 

 

 

 

 

Other

 

 

 

 

 

 

 

Location and description of property conveyed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax map designation

 

Address

City/village

 

Town

County

 

Section

Block

 

Lot

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Type of property conveyed (check applicable box)

1

One- to three-family house

5

2

Residential cooperative

6

3

Residential condominium

7

4

Vacant land

8

Commercial/Industrial

Date of conveyance

 

Apartment building

 

 

 

 

 

 

Office building

 

 

 

Other

 

 

month

day

year

 

 

 

Percentage of real property conveyed which is residential

real property

 

%

(see instructions)

Condition of conveyance (check all that apply)

a. Conveyance of fee interest

b.

 

Acquisition of a controlling interest (state

 

 

percentage acquired

 

 

%)

c.

 

Transfer of a controlling interest (state

 

 

 

percentage transferred

%)

 

 

 

 

 

 

d. Conveyance to cooperative housing corporation

e. Conveyance pursuant to or in lieu of foreclosure or enforcement of security interest (attach Form TP-584.1, Schedule E)

f. Conveyance which consists of a mere change of identify or form of ownership or organization (attach

Form TP-584.1, Schedule F)

g. Conveyance for which credit for tax previously paid will be claimed (attach

Form TP-584.1, Schedule G)

h. Conveyance of cooperative apartment(s)

i. Syndication

j. Conveyance of air rights or development rights

k. Contract assignment

l. Option assignment or surrender

m. Leasehold assignment or surrender

n. Leasehold grant

o. Conveyance of an easement

p. Conveyance for which exemption from transfer tax claimed (complete Schedule B, Part III)

q. Conveyance of property partly within and partly outside the state

r. Other (describe)

For recording officer’s use

Amount received

 

 

Date received

Transaction number

 

Schedule B., Part I

$

 

 

 

 

Schedule B., Part II

$

 

 

 

 

 

 

 

 

 

Page 2 of 4 TP-584 (3/07)

Schedule B — Real estate transfer tax return (Tax Law, Article 31)

Part I – Computation of tax due

1Enter amount of consideration for the conveyance (if you are claiming a total exemption from tax, check the

 

exemption claimed box, enter consideration and proceed to Part III)

 

Exemption claimed

2

Continuing lien deduction (see instructions if property is taken subject to mortgage or lien)

.........................................

 

3

Taxable consideration (subtract line 2 from line 1)

 

 

4

Tax: $2 for each $500, or fractional part thereof, of consideration on line 3

 

 

5

Amount of credit claimed (see instructions and attach Form TP-584.1, Schedule G)

 

 

6

Total tax due* (subtract line 5 from line 4)

 

 

Part II – Computation of additional tax due on the conveyance of residential real property for $1 million or more

1 Enter amount of consideration for conveyance (from Part I, line 1) ........................................................................

2 Taxable consideration (multiply line 1 by the percentage of the premises which is residential real property, as shown in Schedule A) ...

3 Total additional transfer tax due* (multiply line 2 by 1% (.01)) ..................................................................................

Part III – Explanation of exemption claimed on Part I, line 1 (check any boxes that apply)

The conveyance of real property is exempt from the real estate transfer tax for the following reason:

1.

2.

3.

4.

5.

6.

1.

2.

3.

a.Conveyance is to the United Nations, the United States of America, the state of New York, or any of their instrumentalities, agencies, or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or

compact with another state or Canada)

a

b. Conveyance is to secure a debt or other obligation

b

c. Conveyance is without additional consideration to confirm, correct, modify, or supplement a prior conveyance

c

d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying

 

realty as bona fide gifts

d

e. Conveyance is given in connection with a tax sale

e

f.Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property

comprising the cooperative dwelling or dwellings.) Attach Form TP-584.1, Schedule F

f

g. Conveyance consists of deed of partition

g

h. Conveyance is given pursuant to the federal Bankruptcy Act

h

i. Conveyance consists of the execution of a contract to sell real property, without the use or occupancy of such property, or

 

the granting of an option to purchase real property, without the use or occupancy of such property

i

j.Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than $200,000 and such property was used solely by the grantor as the grantor’s personal residence and consists of a one-, two-, or three-family house, an individual residential condominium unit, or the sale of stock

in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an

individual residential cooperative apartment

j

k. Conveyance is not a conveyance within the meaning of Tax Law, Article 31, section 1401(e) (attach documents

 

supporting such claim)

k

l. Other (attach explanation)

l

*Please make check(s) payable to the county clerk where the recording is to take place. If the recording is to take place in New York City, make check(s) payable to the NYC Department of Finance. If a recording is not required, send this return and your check(s) made payable to the NYS Department of Taxation and Finance, directly to the NYS Tax Department, RETT Return Processing, PO Box 5045, Albany NY 12205-5045.

Page 3 of 4 TP-584 (3/07)

Schedule C — Credit Line Mortgage Certificate (Tax Law, Article 11)

Complete the following only if the interest being transferred is a fee simple interest.

I (we) certify that: (check the appropriate box)

1.

2.

3.

4.

The real property being sold or transferred is not subject to an outstanding credit line mortgage.

The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax is claimed for the following reason:

The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property (whether as a joint tenant, a tenant in common or otherwise) immediately before the transfer.

The transfer of real property is (A) to a person or persons related by blood, marriage or adoption to the original obligor or to one or more of the original obligors or (B) to a person or entity where 50% or more of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor).

The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee, or other officer of a court.

The maximum principal amount secured by the credit line mortgage is $3,000,000 or more, and the real property being sold or transferred is not principally improved nor will it be improved by a one- to six-family owner-occupied residence or dwelling.

Please note: for purposes of determining whether the maximum principal amount secured is $3,000,000 or more as described above, the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances. See TSB-M-96(6)-R for more information regarding these aggregation requirements.

Other (attach detailed explanation).

The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for the following reason:

A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed.

A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due, and a satisfaction of such mortgage will be recorded as soon as it is available.

The real property being transferred is subject to an outstanding credit line mortgage recorded in

(insert liber and page or reel or other identification of the mortgage). The maximum principal amount of debt or obligation secured

by the mortgage is. No exemption from tax is claimed and the tax of

is being paid herewith. (Make check payable to county clerk where deed will be recorded or, if the recording is to take place in New York City, make check payable to the NYC Department of Finance.)

Signature (both the grantor(s) and grantee(s) must sign)

The undersigned certify that the above information contained in schedules A, B, and C, including any return, certification, schedule, or attachment, is to the best of his/her knowledge, true and complete, and authorize the person(s) submitting such form on their behalf to receive a copy for purposes of recording the deed or other instrument effecting the conveyance.

Grantor signature

Title

Grantee signature

Title

Grantor signature

Title

Grantee signature

Title

Reminder: Did you complete all of the required information in Schedules A, B, and C? Are you required to complete Schedule D? If you checked e, f, or g in Schedule A, did you complete Form TP-584.1? Have you attached your check(s) made payable to the county clerk where recording will take place or, if the recording is in New York City, to the NYC Department of Finance? If no recording is required, send your check(s), made payable to the Department of Taxation and Finance, directly to the NYS Tax Department, RETT Return Processing, PO Box 5045, Albany NY 12205-5045.

Page 4 of 4 TP-584 (3/07)

Schedule D - Certification of exemption from the payment of estimated personal income tax (Tax Law, Article 22, section 663)

Complete the following only if a fee simple interest or a cooperative unit is being transferred by an individual or estate or trust.

Part I - New York State residents

If you are a New York State resident transferor(s)/seller(s) listed in Schedule A of Form TP-584 (or an attachment to Form TP-584), you must sign the certification below. If one or more transferors/sellers of the real property or cooperative unit is a resident of New York State, each resident transferor/seller must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferors/sellers.

Certification of resident transferor(s)/seller(s)

This is to certify that at the time of the sale or transfer of the real property or cooperative unit, the transferor(s)/seller(s) as signed below was a resident of New York State, and therefore is not required to pay estimated personal income tax under Tax Law, section 663(a) upon the sale or transfer of this real property or cooperative unit.

Signature

Print full name

Date

 

 

 

Signature

Print full name

Date

 

 

 

Signature

Print full name

Date

 

 

 

Signature

Print full name

Date

 

 

 

Note: A resident of New York State may still be required to pay estimated tax under Tax Law, section 685(c), but not as a condition of recording a deed.

Part II - Nonresidents of New York State

If you are a nonresident of New York State listed as a transferor/seller in Schedule A of Form TP-584 (or an attachment to Form TP-584) but are not required to pay estimated personal income tax because one of the exemptions below applies under Tax Law, section 663(c), check the box of the appropriate exemption below. If any one of the exemptions below applies to the transferor(s)/seller(s), that transferor(s)/seller(s) is not required to pay estimated personal income tax to New York State under Tax Law, section 663. Each nonresident transferor/seller who qualifies under one of the exemptions below must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident transferors/sellers.

If none of these exemption statements apply, you must complete Form IT-2663, Nonresident Real Property Estimated Income Tax Payment Form, or Form IT-2664, Nonresident Cooperative Unit Estimated Income Tax Payment Form. For more information, see Payment of estimated personal income tax, on page 1 of Form TP-584-I.

Exemption for nonresident transferor(s)/seller(s)

This is to certify that at the time of the sale or transfer of the real property or cooperative unit, the transferor(s)/seller(s) (grantor) of this real property or cooperative unit was a nonresident of New York State, but is not required to pay estimated personal income tax under Tax Law, section 663 due to one of the following exemptions:

The real property or cooperative unit being sold or transferred qualifies in total as the transferor’s/seller’s principal residence

(within the meaning of Internal Revenue Code, section 121) from

 

to

 

(see instructions).

 

 

 

Date

 

Date

The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure, or in lieu of foreclosure with no additional consideration.

The transferor or transferee is an agency or authority of the United States of America, an agency or authority of the state of New York, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, or a private mortgage insurance company.

Signature

Print full name

Date

 

 

 

Signature

Print full name

Date

 

 

 

Signature

Print full name

Date

 

 

 

Signature

Print full name

Date

 

 

 

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