New York Codes, Rules and Regulations
Title 20 - DEPARTMENT OF TAXATION AND FINANCE
Chapter IV - Sales And Use And Other Miscellaneous Taxes
Subchapter D - Mortgage Recording Taxes
Part 645 - Supplemental Mortgages
Section 645.3 - Claiming exemption upon recording of a supplemental mortgage
Current through Register Vol. 46, No. 12, March 20, 2024
Tax Law, § 255
(a) Where an exemption from the mortgage recording taxes is claimed upon the recording of a supplemental mortgage, an affidavit made in duplicate must be filed, at the time of recording the supplemental mortgage. The affidavit shall be made by the mortgagor, the mortgagee, or any other person who has knowledge of the facts, and such affidavit shall set forth the basis upon which the exemption is claimed. The affidavit must contain the following information:
(b) Where an exemption from the mortgage recording taxes is claimed with respect to the recording of a supplemental mortgage, after such supplemental mortgage is recorded and tax paid, the affidavit and information described in subdivision (a) of this section must be submitted to the department along with the application for refund. (See Part 654 of this Title for further information on refund procedures).