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NYC Mansion Tax Essentials

If you’re buying or selling a high-value property in New York City, it’s important to understand the ins and outs of NYC’s mansion tax. This real estate transfer tax is levied on homes valued at $1 million and higher, and it’s charged on top of other transfer taxes such as the Real Property Transfer Tax (RPTT). It’s also important to note that the mansion tax NYC cannot be financed, so it will need to be paid out-of-pocket at closing.

Currently, the mansion tax NYC is 1% of the purchase price of residential properties priced at over $1 million. The rate was first introduced in 1989 as a way to help fund the Metropolitan Transportation Authority, and it has been amended several times since then. Originally, the mansion tax NYC was a flat 1%, but in 2019 the state legislature changed it to a progressive rate structure based on price brackets. It now starts at 1% for properties over $1 million and goes up to 3.9% for purchases with consideration of $25 million or more.

While the 1% mansion tax NYC is a significant amount, there are some ways to avoid paying it altogether. The simplest way to do so is to buy a property that’s under $1 million. This can be done by purchasing a co-op or condo for $999,999 or by paying one dollar more than $1 million to make it over the threshold.

For those looking to buy a high-end property in NYC, it may be helpful to work with an experienced real estate attorney who can assist you with the process. In addition to helping you find a great deal on your next home, they can also advise you on the best financing strategies for your situation. Additionally, they can help you navigate other important issues such as origination fees and points, which are charges associated with obtaining financing for your property purchase.

Another expense to consider is the escrow deposit, which is typically 10% of the purchase price. In addition to the escrow deposit, there will be other closing costs that need to be paid at the time of closing. These include real estate transfer taxes, documentary stamps, and mortgage recording taxes. If you’re working with an experienced real estate attorney, they can help you estimate these expenses so that you know what to expect at closing. They can also help you navigate any complications that may arise during the closing process, such as a failed appraisal or last-minute changes to the purchase agreement. This can save you a lot of money in the long run by ensuring that all required closing documents are filed on time and properly.

Understanding the mansion tax NYC is crucial for anyone entering the high-end real estate market in New York City. Make sure to budget for this and other related costs to ensure a smooth transaction. 

Deep Dive into NYC Mansion Tax Regulations

If buying a home in NYC isn’t already complicated enough, new buyers and sellers must be aware of a number of closing fees and taxes, including transfer tax, mansion tax NYC, and more. This article takes a deep dive into NYC’s mansion tax to explain what it is, its history, and when you’ll be required to pay it.

The NYC Department of Finance assesses residential properties annually based on their use and condition as of January 5 (the “taxable status date”), using one of three valuation methods: the sales approach, the cost approach, or the comparable property method. The actual assessment is multiplied by the applicable real estate tax rate to determine the real estate tax due.

Generally speaking, the higher the property’s value, the greater the real estate tax. However, several cities in the United States make distinctions between types of properties when levying their real estate taxes.

In addition to the base transfer tax, other fees you may encounter in a transaction include board application fees that range from a few hundred dollars to a couple thousand, managing agent and attorney fees, and a number of other miscellaneous costs. It’s also worth noting that the state of New York requires both homebuyers and sellers to be represented by an attorney at closing, adding another layer of expenses to any real estate transaction. This is why it is essential to work with a home mortgage professional well-informed about the latest market trends and developments.

The mansion tax NYC is one of the significant closing costs for high-value properties in the city. The mansion tax NYC applies to residential properties sold for $1 million or more. It is typically paid by the buyer and cannot be financed, so it must be paid out-of-pocket at closing.

The mansion tax NYC was first introduced in 1989 to help fund the Metropolitan Transportation Authority. Initially, it was a flat 1% tax, but it was changed in 2019 to a progressive rate structure based on the purchase price. The tax starts at 1% for properties over $1 million and can go up to 3.9% for properties sold for $25 million or more.

While the 1% mansion tax NYC might seem minor, it can quickly add up for high-value properties. Buyers should be aware of this tax and budget accordingly. Additionally, negotiating who will pay the mansion tax NYC can be part of the transaction, although it is usually the buyer's responsibility unless otherwise agreed upon in the contract.

To navigate these complexities, it is crucial to work with knowledgeable real estate and legal professionals. They can help ensure all closing costs, including the mansion tax NYC, are accurately assessed and managed, helping buyers and sellers avoid potential pitfalls and additional expenses.

Understanding the mansion tax NYC is essential for anyone entering the high-end real estate market in New York City. Proper planning and professional advice can help manage this and other related costs for a smoother transaction. 

Role of Legal Counsel in NYC Mansion Tax Planning

More than a dozen cities and counties now levy progressive taxes on high-price real estate transactions. These taxes—known as mansion tax NYC —ask those with greater financial means to contribute more fully to the public good by helping pay for housing, infrastructure, education, and other critical local needs. By raising significant amounts of revenue from property sales, these taxes equip communities with the resources to address critical challenges at both the local and national level.

New York City, for example, has a mansion tax NYC that applies to the purchase of residential real estate priced at over $1 million. According to the city’s law, this fee is payable by the buyer and is added to the total cost of the purchase. Unlike the transfer taxes and city property taxes, which are typically split between buyers and sellers, the buyer is responsible for paying the mansion tax NYC unless the parties agree otherwise.

The City of New York has had a mansion tax NYC in place since 1989. In April of 2019, the State legislature overhauled the mansion tax NYC and made it a progressive tax based on the property’s purchase price.

As part of the overhaul, mansion tax NYC will be indexed to inflation to make sure the rate stays competitive with other progressive taxes in the country. However, the change in the tax is unlikely to affect home prices or property values.

It’s a good idea to consult with experienced real estate attorneys in order to plan for the effects of the mansion tax NYC. A qualified lawyer can assist with all aspects of buying and selling a residential property, including tax consequences. They can help their clients avoid paying a mansion tax NYC and ensure they’re taking advantage of all available tax benefits.

A seasoned attorney with a proven track record in commercial and residential real estate can navigate complex real estate transactions and help reduce your mansion tax NYC bill by negotiating your closing costs with the seller. To get started, use online closing cost calculators to estimate your total buyer closing costs.

Working with knowledgeable legal counsel is crucial in managing the mansion tax NYC and other related expenses, ensuring a smoother and more cost-effective transaction for both buyers and sellers. 

Sishodia PLLC

Sishodia PLLC | Real Estate Attorney and Estate Planning Lawyer | Asset Protection Law Firm | 1031 Exchange - NYC

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