Form TP-584-I (11/04)
Instructions for Form TP-584, TP584I

of the real estate transfer tax (Tax Law, Article 31), the tax on

mortgages (Tax Law, Article 11), as it applies to the Credit Line

Mortgage Certificate, and the exemption from estimated personal

income tax (Tax Law, Article 22), as it applies to the sale or transfer

of real property or cooperative units under Tax Law, section 663(a).

Since this form is used to satisfy the filing requirements of

from a grantor/transferor to a grantee/transferee.

It may not be necessary to complete all the schedules on

Form TP-584. The nature and condition of the conveyance will

determine which of the schedules you must complete. Please see

the specific instructions for completing each schedule.

Note: Public utility companies, regulated by the Public Service

Commission, and governmental agencies that are granted

easements and licenses for consideration of less than $500 may

use Form TP-584.2, Real Estate Transfer Tax Return for Public

Licenses, to record these conveyances. For purposes of

Form TP-584.2, a governmental agency is 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 an

agreement or compact with another state or Canada.

A conveyance of an easement or license to a public utility

company, where the consideration is $2 or less and is clearly

stated as actual consideration in the instrument of conveyance,

does not require the filing of Form TP-584 or Form TP-584.2.

real property being conveyed is located, no later than the fifteenth

day after the delivery of the instrument effecting the conveyance.

However, if the instrument effecting the conveyance will not be

recorded, or will be recorded later than the time required to file

Form TP-584 and to pay any real estate transfer tax, file

Form TP-584 and pay any real estate transfer tax due no later than

the fifteenth day after the delivery of the instrument effecting the

conveyance, directly with:

If you choose, you may use a private delivery service, instead of

the U.S. Postal Service, to file your return and pay tax. However, if,

at a later date, you need to establish the date you filed your return

or paid your tax, you cannot use the date recorded by a private

delivery service unless you used a delivery service that has been

designated by the U.S. Secretary of the Treasury or the

Commissioner of Taxation and Finance. (Currently designated

delivery services are listed in Publication 55, Designated Private

Delivery Services. See Need help? on page 8 of these instructions

for information on ordering forms and publications.) If you have

used a designated private delivery service and need to establish

the date you filed your return, contact that private delivery service

for instructions on how to obtain written proof of the date your

return was given to the delivery service for delivery. If you use any

private delivery service, whether it is a designated service or not,

address your return to: NYS Tax Department, Misc Tax/RETT Unit,

Bldg. 8, Rm 700, W A Harriman Campus, Albany NY 12227.

provisions of section 663 of the Tax Law, estimating the personal

income tax on the gain, if any, from the sale or transfer of certain

real property, or shares of stock in a cooperative housing

corporation, in connection with the grant or transfer of a proprietary

leasehold by the owner of the shares, where the cooperative unit

represented by such shares is located in New York State.

Form IT-2663

Use Form IT-2663, Nonresident Real Property Estimated Income

Tax Payment Form, to compute the gain (or loss) and pay the

estimated personal income tax due from the sale or transfer of

certain real property. You will need to present Form IT-2663 and

pay the full amount of estimated personal income tax due, if any, to

the recording officer at the time the deed is presented for

recording.

Form IT-2664

Use Form IT-2664, Nonresident Cooperative Unit Estimated

Income Tax Payment Form, to compute the gain (or loss) and pay

the estimated personal income tax due from the sale or transfer of

the cooperative unit. You will need to file Form IT-2664 and pay the

full amount of estimated personal income tax due, if any, to the

NYS Tax Department within 15 days of the delivery of the

instrument effecting the sale or transfer of the cooperative unit.

Schedule D

The requirement for payment of estimated personal income tax

under Tax Law, section 663 does not apply to individuals, estates,

or trusts who are residents of New York State at the time of the

sale or transfer, however residents must complete Form TP-584,

Schedule D, Certification of exemption from the payment of

estimated personal income tax. See Who must complete Schedule

D, on page 5 of these instructions for more information.

In addition, the requirement may not apply to certain sales or

transfers even if the individual, estate, or trust is a nonresident at

the time of the sale or transfer. An exemption may be allowed if any

of the following apply:

• The real property or cooperative unit being sold or transferred is

a principal residence of the transferor/seller within the meaning

of section 121 of the Internal Revenue Code.

Indicate the percentage of the entire real property conveyed that is

residential real property. (See Imposition of additional tax, on

page 4, for a definition of the term residential real property).

each conveyance at the time the instrument effecting the

conveyance is delivered by a grantor to a grantee when the

consideration or value of the interest conveyed exceeds $500. The

tax is computed at a rate of two dollars for each $500 of

consideration or fractional part thereof.

conveyance of residential real property where the consideration for

the entire conveyance is one million dollars or more. For more

information, see Imposition of additional tax on page 4 of these

instructions.

Definition of terms for the real estate transfer tax

1. Person means an individual, partnership, society, association,

joint stock company, corporation, estate, receiver, trustee,

assignee, referee, or any other person acting in a fiduciary or

representative capacity, whether appointed by a court or

otherwise, any combination of individuals, and any other form of

unincorporated enterprise owned or conducted by two or more

persons.

2. Controlling interest means (a) in the case of a corporation,

either 50% or more of the total combined voting power of all

classes of stock of such corporation, or 50% or more of the

capital, profits, or beneficial interest in such voting stock of such

corporation, and (b) in the case of a partnership, association,

trust, or other entity, 50% or more of the capital, profits or

beneficial interest in such partnership, association, trust, or

other entity.

3. Real property means every estate or right, legal or equitable,

present or future, vested or contingent, in lands, tenements, or

hereditaments, including buildings, structures, and other

improvements thereon, which are located in whole or in part

within the state of New York. It does not include rights to

sepulture.

4. Consideration means the price actually paid or required to be

paid for the real property or interest therein, including payment

for an option or contract to purchase real property whether or

not expressed in the deed and whether paid or required to be

paid by money, property, or any other thing of value. It includes

the cancellation or discharge of an indebtedness or obligation. It

also includes the amount of any mortgage, purchase money

mortgage, lien, or other encumbrance, whether or not the

underlying indebtedness is assumed or taken subject to.

(a) In the case of a creation of a leasehold interest or the

granting of an option with use and occupancy of real

property, consideration includes, but is not limited to, the

value of the rental and other payments attributable to the

use and occupancy of the real property or interest therein,

the value of any amount paid for an option to purchase or

renew and the value of rental or other payments attributable

to the exercise of any option to renew.

(b) In the case of a creation of subleasehold interest,

consideration includes, but is not limited to, the value of the

sublease rental payments attributable to the use and

• 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.

To claim any of the above exemptions, nonresidents of New York

State must complete Schedule D. See Who must complete

Schedule D, on page 5 of these instructions for more information.

Schedule D does not need to be completed if the interest being

transferred is anything other than a fee simple interest in real

property or a cooperative unit, or the property is being transferred

by anyone or any entity other than an individual, estate, or trust.

However, Schedules A, B, and C must still be completed to satisfy

the transfer tax and mortgage tax requirements.

Print or type the names, addresses, and social security or

employer identification numbers of the grantor and grantee as they

appear in your deed, lease, or other instrument that conveys the

interest in real property. However, if the conveyance is pursuant to

a mortgage foreclosure or any other action governed by the Real

Property Actions and Proceedings Law, the defaulting mortgagor or

debtor is the grantor. If additional space is needed, please attach a

schedule to Form TP-584 setting forth the names, addresses, and

social security or employer identification numbers of all the

grantors and grantees.

Location and description of property conveyed

Give the location and description of the interest in real property

being conveyed by giving the tax map designation and address as

they appear in your deed, lease, or other instrument that conveys

the interest in real property. You need not include a tax map

designation if the property being conveyed is an individual

cooperative apartment. Also include the name of the city or village,

town, and county where the property conveyed is located.

Type of property conveyed

Indicate by checking the appropriate box whether the property

conveyed is a one-, two-, or three-family house, a residential

condominium unit, a residential cooperative apartment, vacant

land, or other type of property. If you are conveying a one-, two-, or

three-family house, a residential cooperative apartment, or a

residential condominium unit, you may be entitled to the continuing

lien deduction. See page 3 of these instructions for more

information.

Condition of conveyance

Indicate the condition of conveyance by checking all the

condition(s) that apply. If items e, f, or g are checked,

Form TP-584.1, Real Estate Transfer Tax Return Supplemental

Schedules, must be attached to Form TP-584, with the appropriate

schedule completed.

Date of conveyance

Indicate the date the instrument effecting the conveyance was

delivered from the grantor to the grantee. The date of the

instrument is presumed to be the date of delivery of the instrument.

occupancy of the real property, the value of any amount paid

for an option to renew and the value of rental or other

payments attributable to the exercise of any option to renew,

less the value of the remaining prime lease rental payments

required to be made.

(c) In the case of a transfer or an acquisition of a controlling

interest in any entity that owns real property, consideration

means the fair market value of the real property or interest

therein, apportioned based on the percentage of the

ownership interest transferred or acquired in the entity.

(d) In the case of an assignment or surrender of a leasehold

interest or the assignment or surrender of an option or

contract to purchase real property, consideration does not

include the value of the remaining rental payments required

to be made pursuant to the terms of such lease or the

amount to be paid for the real property pursuant to the terms

of the option or contract being assigned or surrendered.

(e) In the case of (i) the original conveyance of shares of stock

in a cooperative housing corporation in connection with the

grant or transfer of a proprietary leasehold by the

cooperative corporation or cooperative plan sponsor and (ii)

the subsequent conveyance by the owner thereof of such

stock in a cooperative housing corporation in connection

with the grant or transfer of a proprietary leasehold for a

cooperative unit other than an individual residential unit,

consideration includes a proportionate share of the unpaid

principal of any mortgage(s) on the real property of the

cooperative housing corporation comprising the cooperative

dwelling or dwellings. This amount is determined by

multiplying the total unpaid principal of the mortgage by a

fraction, the numerator of which is the number of shares of

stock in the cooperative housing corporation being conveyed

in connection with the grant or transfer of the proprietary

leasehold, and the denominator of which is the total number

of shares of stock in the cooperative housing corporation.

5. Conveyance means the transfer or transfers of any interest in

real property by any method, including but not limited to sale,

exchange, assignment, surrender, mortgage foreclosure,

transfer in lieu of foreclosure, option, trust indenture, taking by

eminent domain, conveyance upon liquidation or by a receiver,

or transfer or acquisition of a controlling interest in any entity

with an interest in real property. Transfer of an interest in real

property includes the creation of a leasehold or sublease only

where (a) the sum of the term of the lease or sublease and any

options for renewal exceeds 49 years, (b) substantial capital

improvements are or may be made by or for the benefit of the

lessee or sublessee, and (c) the lease or sublease is for

substantially all of the premises constituting the real property.

The conveyance of real property shall not include a conveyance

pursuant to devise, bequest, or inheritance; the creation,

modification, extension, spreading, severance, consolidation,

assignment, transfer, release or satisfaction of a mortgage; a

mortgage subordination agreement, a mortgage severance

agreement, an instrument given to perfect or correct a recorded

mortgage; or a release of lien of tax pursuant to the Tax Law or

the Internal Revenue Code (IRC).

6. Interest in the real property includes title in fee, a leasehold

interest, a beneficial interest, an encumbrance, development

rights, air space and air rights, or any other interest with the

right to use or occupancy of real property or the right to receive

rents, profits, or other income derived from real property. It also

includes an option or contract to purchase real property. It does

not include a right of first refusal to purchase real property.

7. Grantor means the person making the conveyance of real

property or interest therein, or where the conveyance consists of

a transfer or an acquisition of a controlling interest in an entity

with an interest in real property, the entity with an interest in real

property or a shareholder or partner transferring stock or

partnership interest, respectively.

8. Grantee means the person who obtains real property or any

interest therein as a result of a conveyance.

9. Fair market value means the amount a willing buyer would pay a

willing seller for the real property without deducting mortgages

or other liens that the property may be taken subject to as part

of the sale or transfer.

Real property situated partly within and partly outside the

When real property conveyed is situated partly within and partly

outside the state of New York, the consideration subject to tax is

the allocated portion of the total consideration attributable to the

property situated within the State of New York.

A statement signed by both the grantor and grantee must be

attached to Form TP-584 setting forth the total consideration for the

conveyance and describing the method used to apportion the

consideration to the real property situated within the state of

New York.

Continuing lien deduction

Tax Law, section 1402 provides that in the case of (1) a

conveyance of a one-, two-, or three-family house and an individual

residential condominium unit, or an interest therein or

(2) conveyances where the consideration is less than $500,000,

the taxable consideration shall exclude the value of any lien or

encumbrance remaining thereon at the time of the conveyance.

In addition, section 1405-B provides that in the case of a resale of

an individual residential cooperative unit, the consideration for the

interest conveyed shall exclude the value of any liens on

certificates of stock or other evidences of an ownership interest in

and a proprietary lease from a corporation or partnership formed

for the purpose of cooperative ownership of residential interest in

real estate remaining thereon at the time of conveyance.

Examples:

(1) A purchases a one-family residence from B for a total

assumption of B’s existing mortgage of $50,000). Since the

real estate transfer tax (line 3 of Form TP-584, Schedule B) A

can deduct the amount of the mortgage assumed ($150,000 –

(2) A commercial building is sold to A for $725,000, comprised of

$400,000 in cash and the assumption by A of an existing

If a conveyance is pursuant to or in lieu of an action to foreclose a

mortgage, lien, or other security interest, the amount of the

continuing lien deduction does not include the amount of the debt

secured by that mortgage, lien, or other security interest, which is

the subject of the conveyance.

shares of stock in a cooperative housing corporation and/or

associated proprietary lease(s), upon default by a debtor is subject

to tax.

attached to Form TP-584 in the case of such conveyances.

A conveyance in lieu of or pursuant to a secured party’s

enforcement of a lien, security interest, or other rights on or in

shares of stock, partnership interests, or other instruments, upon

default by a debtor (that is, the transfer or acquisition of a

controlling interest in an entity with an interest in real property), is

subject to tax.

attached to Form TP-584 in the case of such conveyances.

Conveyance which consists of a mere change of identity or

Tax Law, section 1405(b)6 provides an exemption from the real

estate transfer tax to the extent a conveyance consists of a mere

change of identity or form of ownership or organization where there

is no change in beneficial interest.

Form TP-584.1, Schedule F must be completed and attached to

Form TP-584 in the case of such conveyances.

Conveyance for which credit for tax previously paid will be

1. A grantor will be allowed a credit against the tax due on the

conveyance of real property to the extent the tax was paid by

the grantor on a prior leasehold grant of all or a portion of the

same real property or on the granting of an option or contract to

purchase all or a portion of the same real property, by the

grantor.

attached to Form TP-584 to support any credit claimed.

2. A credit will be allowed upon the original conveyance of shares

of stock in a cooperative housing corporation in connection with

the grant or transfer of a proprietary leasehold by the

cooperative corporation or cooperative plan sponsor, provided

the first conveyance of shares of stock takes place within

24 months from the conveyance of the real property to the

cooperative housing corporation. The credit is limited to the

proportionate part of the tax paid when the real property was

conveyed to the cooperative housing corporation, to the extent

the conveyance would have otherwise effectuated a mere

change of identify or form of ownership of the property and not a

change in the beneficial ownership.

attached to Form TP-584 to support any credit claimed.

Who must pay the real estate transfer tax

The real estate transfer tax is to be paid by the grantor. However, if

the grantor fails to pay the transfer tax at the time required or if the

grantor is exempt from the tax, the grantee shall have the duty to

pay the tax.

In the case where the grantee has the duty to pay the transfer tax

because the grantor has failed to pay, the tax becomes the joint

and several liability of the grantor and the grantee.

Imposition of additional tax

An additional tax is imposed on each conveyance of residential real

property or interest therein where the consideration for the entire

conveyance is one million dollars or more. Residential real property

means the following premises that are or may be used in whole or

Conveyance of a leasehold grant

The consideration paid to the grantor for the grant of a taxable

lease is the present value of the right to receive the net rental

payments for the term of the lease.

A discount rate equal to 110% of the federal long-term rate

compounded semiannually, that was in effect 30 days prior to the

date of transfer, is required to be used in determining the present

value of the right to receive net rental payments for transfer tax

purposes. If the taxpayer establishes (a) that a discount rate

greater than 110% of the federal long-term rate is appropriate in his

or her particular circumstances, and (b) that using a discount rate

equal to 110% of the federal long-term rate results in a

computation of consideration that exceeds the fair market value of

the real property subject to the lease or sublease, the Tax

Department will allow the use of a discount rate that results in a

computation of consideration that is equal to the fair market value

of such real property.

For a lease created for a term of less than 49 years that contains

an option to purchase the real property, net rental payments for

periods that occur after an option is no longer exercisable are not

included in the calculation of consideration.

Transfer or acquisition of a controlling interest

A transfer of a controlling interest is deemed to have occurred

when a grantor transfers a controlling interest to one or more

grantees within a three-year period.

An acquisition of a controlling interest is deemed to have occurred

when a grantee acquires a controlling interest from one or more

grantors within a three-year period.

Example:

A acquires a 10% interest in Partnership XYZ, which owns

New York real property, from X in December 1999. In March 2001,

A acquires an additional 25% interest in Partnership XYZ from X. In

January, 2002, A acquires from Y a 25% interest in Partnership

XYZ. Since A acquired a total of 50% or more of the partnership

interest in Partnership XYZ within a three-year period, A is deemed

real property by X and Y has occurred and X and Y will be liable for

Conveyance pursuant to a mortgage foreclosure

A conveyance pursuant to a mortgage foreclosure or any other

action governed by the provisions of the Real Property Actions and

Proceedings Law, such as the enforcement of a mechanic’s lien

pursuant to the Lien Law, Article 3, is subject to tax.

attached to Form TP-584 in the case of such conveyances.

Conveyance to a mortgagee or lienor in lieu of foreclosure

A conveyance by a defaulting mortgagor or debtor to the

mortgagee or lienor, or its agent, nominee or any entity owned in

whole by that mortgagee or lienor, in lieu of an action to foreclosure

a mortgage or lien, in exchange for cancellation of the debt

secured by the mortgage or lien is subject to tax.

attached to Form TP-584 in the case of such conveyances.

Conveyance in lieu of or pursuant to a secured party’s

A conveyance in lieu of or pursuant to a secured party’s

enforcement of a lien, security interest, or other rights on or in

in part as a personal residence at the time of conveyance: a one-,

two-, or three-family house; an individual residential condominium

unit; a residential cooperative apartment. The rate of tax is one

percent of the consideration or part thereof attributable to the

residential real property.

The additional tax is to be paid by the grantee at the same time

and in the same manner as the real estate transfer tax. If the

grantee is exempt from tax, the grantor will have the duty to pay the

additional tax.

Examples:

(1) A conveys to B a three-family house for a consideration of

(2) A conveys to B a two-story building which has a commercial

(3) A sponsor of a condominium plan conveys to X corporation

Penalties

Any grantor or grantee failing to file a return or to pay any tax within

the time required shall be subject to a penalty of 10% of the

amount of tax due plus an interest penalty of 2% of such amount

for each month of delay or fraction thereof after the expiration of the

first month after such return was required to be filed or the tax

became due. However, the interest penalty shall not exceed 25% in

the aggregate.

If the Commissioner of Taxation and Finance determines that such

failure or delay was due to reasonable cause and not due to willful

neglect, the commissioner shall remit, abate, or waive all of the

penalty and the interest penalty.

Interest

Daily compounded interest will be charged on the amount of the

tax due not paid within the time required.

If it is determined that the tax has been overpaid, and

Form TP-592.2, Claim for Refund, is submitted within two years

from the date of payment, interest shall be allowed and paid on the

refund at the rate set pursuant to Tax Law, section 1416.

items e, f, or g were checked, complete the applicable Schedule E,

F, or G of Form TP-584.1, that must be attached to Form TP-584. If

you are claiming a total exemption from tax, check the Exemption

claimed box. Do not complete lines 2 through 6. Instead, go to Part

Line 2 — Enter continuing lien deduction if applicable (see page 3

of these instructions).

Line 5 — Enter the amount of tax credit claimed. Complete and

attach a copy of Form TP-584.1, Schedule G, along with a copy of

the original TP-584 (previously filed) and proof of payment to

support the credit claimed.

from the transfer tax.

The Credit Line Mortgage Certificate must be completed and filed

for all transfers of a fee simple interest in real property. Please

check the appropriate box in Schedule C if this schedule is

required.

page 3. If there is not adequate space for all persons to sign, a

separate signature sheet may be used and attached to

Form TP-584. A separate signature area is provided on page 4 of

Form TP-584 for the information contained in Schedule D.

and C on page 3 of Form TP-584. The signature area on page 3 of

Form TP-584 does not apply for purposes of Schedule D.

Who must complete Schedule D

This schedule is to be executed upon the sale or transfer of a fee

simple interest in real property or a cooperative unit located in

New York State by an individual, estate, or trust claiming exemption

from the estimated personal income tax provisions under Tax Law,

section 663.

New York State residents — If you are a resident of New York

New York State nonresidents — If you are a nonresident of New

York State at the time of sale or transfer, you must complete Part

attachment to Form TP-584) who does not meet the requirements

to claim exemption from the payment of estimated personal income

• for sale or transfer of real property, present Form IT-2663,

Nonresident Real Property Estimated Income Tax Payment

Form, and pay the full amount of estimated personal income tax

due, if any, to the recording officer at the time the deed is

presented for recording; or

• for sale or transfer of a cooperative unit, file Form IT-2664,

Nonresident Cooperative Unit Estimated Income Tax Payment

Form, and pay the full amount of estimated personal income tax

due, if any, to the NYS Tax Department within 15 days of the

delivery of the instrument effecting the sale or transfer of the

cooperative unit.

Real property situated partly within and partly outside

New York State — When the real property being sold or

transferred is situated partly within and partly outside of New York

wife owns or leases. A place of abode is not permanent if you

maintain it only during a temporary or limited period of time for a

particular purpose.

Resident individual

For purposes of estimated personal income tax under Tax Law,

section 663, you are a New York State resident if at the time of the

sale or transfer of real property or cooperative unit:

a) Your domicile is New York State; or

b) Your domicile is not New York State, but you maintained a

permanent place of abode in New York State for more than

11 months of the tax year and have spent 184 days or more in

New York State during the tax year. However, if you are a

member of the armed forces and your domicile is not New York

State, you are not a resident under this definition.

Nonresident individual

For purposes of estimated personal income tax under Tax Law,

section 663, you are a New York State nonresident if at the time of

the sale or transfer of real property or cooperative unit you were not

a resident.

For more information on residency, see Publication 80, General

Income Tax Information for New York State Residents, and

Publication 88, General Tax Information for New York State

Nonresidents and Part-Year Residents.

Resident estate and trust

For purposes of estimated personal income tax under Tax Law,

section 663, if a decedent was domiciled in New York State at the

time of his or her death, his or her estate is a resident estate and

any trust created by his or her will is a resident trust. If an

irrevocable trust consists of property of a person domiciled in

New York State when such property was transferred to the

irrevocable trust, it is a resident trust. The term resident trust also

includes (1) any revocable trust consisting of property of a person

domiciled in New York at the time such property was transferred to

the trust if it has not later become irrevocable and (2) any revocable

trust that has later become irrevocable if the trust consists of

property of a person domiciled in New York when it became

irrevocable. The residence of the fiduciary does not affect the

status of an estate or trust as a resident or nonresident.

State, only the property situated inside New York State is subject to

the requirements of Tax Law section 663.

grantor/transferor on Form TP-584, Schedule A (or an attachment

to Form TP-584) making:

• the sale or transfer of a fee simple interest in real property, or

• the sale, conveyance, or other disposition of shares of stock in a

cooperative housing corporation in connection with the grant or

transfer of a proprietary leasehold by the owner of the shares,

where the cooperative unit represented by such shares is

located in New York State.

Sale or transfer of real property means the change of ownership of

a fee simple interest in real property by any method.

Sale or transfer of a cooperative unit means the sale, conveyance

or other disposition of shares of stock in a cooperative housing

corporation in connection with the grant or transfer of a proprietary

leasehold.

Cooperative housing corporation means a corporation that has

only one class of stock, that entitles the shareholder to live in a

house or an apartment (cooperative unit) in a building or on

property owned or leased by the corporation. Housing cooperatives

can be, but are not limited to single-family homes, duplexes,

townhouses, apartments, dormitories, land subdivisions with sites

and utilities, mobile home parks, and marinas.

Cooperative unit means the physical space represented by shares

of stock in a cooperative housing corporation in connection with a

proprietary leasehold.

Proprietary leasehold means an agreement between a cooperative

tenant-stockholder and the cooperative housing corporation that

defines the rights and obligations of each party regarding use and

occupancy of the cooperative unit.

Principal residence means your main home within the meaning of

IRC section 121 and for which you can exclude the gain for federal

income tax purposes. Usually the home you live in most of the time

is your main home and can be, but is not limited to: a house,

houseboat, mobile home, condominium, or cooperative apartment.

New York State resident and nonresident defined

You may have to pay personal income tax as a New York State

resident even if you are not considered a resident for other

purposes. For personal income tax purposes, your resident status

depends on where you are domiciled and where you maintain a

permanent place of abode.

In general, your domicile is the place you intend to have as your

permanent home. Your domicile is, in effect, the state where your

permanent home is located. It is the place you intend to return to

whenever you may be away (as on vacation abroad, business

assignment, education leave, or military assignment).

You can have only one domicile. Your domicile is not changed

until you can demonstrate that you have abandoned your previous

domicile and established a new permanent domicile.

If you move to a new location but intend to stay there only for a

limited amount of time (no matter how long), your domicile does not

change.

A permanent place of abode is a residence (a building or structure

where a person can live) you permanently maintain, whether you

own it or not, and usually includes a residence your husband or

For purposes of estimated personal income tax under Tax Law,

section 663 a nonresident estate or trust means an estate or trust

that is not a resident estate or trust at the time of the sale or

transfer of real property or cooperative unit.

New York State resident transferor(s)/seller(s) listed in Schedule A

of Form TP-584 (or an attachment to Form TP-584), must sign Part

New York State (as defined above) at the time of sale or transfer of

the real property or cooperative unit. If one or more transferor(s)/

seller(s) listed in Schedule A is a New York State resident, each

signature space is needed, please photocopy Schedule D and

submit as many schedules as necessary to accommodate all

resident transferor(s)/seller(s).

Note: A resident of New York State is not required to pay estimated

personal income tax under Tax Law, section 663. However, a

resident may still be required to pay estimated personal income tax

under Tax Law, section 685(c), but not as a condition of recording a

deed for the sale or transfer of real property.

New York State nonresident transferor(s)/seller(s) listed in

Schedule A of Form TP-584 (or an attachment to Form TP-584)

is a nonresident of New York State at the time of the sale or

transfer, and to claim exemption from payment of estimated

personal income tax as provided for under Tax Law, section 663.

Check the box of the exemption which applies to this sale or

transfer of real property or cooperative unit. If any one exemption

applies to a transferor/seller, that transferor/seller is not required to

pay estimated personal income tax to New York State under

Tax Law, section 663. If more signature space is needed, please

photocopy Schedule D and submit as many schedules as

necessary to accommodate all nonresident transferor/sellers.

Note: If there are one or more transferor(s)/seller(s) listed in

Schedule A of Form TP-584 (or an attachment to Form TP-584),

each transferor/seller who is claiming exemption from the payment

of estimated personal income tax under section 663 of the Tax Law

complete a separate Form IT-2663 or Form IT-2664. For more

information, see Multiple transferors/sellers on page 5.

Nonresident exemption for principal residence

If the real property or cooperative unit being sold or transferred

qualifies in total as the principal residence of a nonresident

transferor(s)/seller(s) listed in Schedule A of Form TP-584 (or an

attachment to Form TP-584), only the transferor(s)/seller(s) who

can claim this real property or cooperative unit as a principal

residence (within the meaning of section 121 of the IRC) at the

time of the sale or transfer can sign and certify the exemption from

the estimated personal income tax provision under Tax Law,

section 663(c)(1).

Note: Real property or a cooperative unit that qualifies in total as

the principal residence of the transferor/seller qualifies for the

exemption even if part of the gain is not excluded under IRC

section 121 because the gain exceeds the amount of the exclusion

provided for in that section.

Transferor(s)/seller(s) listed in Schedule A of Form TP-584 (or an

attachment to Form TP-584) who cannot claim this real property or

cooperative unit as their principal residence at the time of sale or

seller(s) must instead complete a separate Form IT-2663 or

Form IT-2664. For more information, see Payment of estimated

personal income tax, on page 1.

Property used in part as a principal residence

If a portion of the real property or cooperative unit being sold or

transferred qualifies as the principal residence of a nonresident

transferor(s)/seller(s) listed in Schedule A of Form TP-584 (or an

attachment to Form TP-584) and a portion of the real property or

Instead, each nonresident transferor/seller listed in Schedule A of

Form TP-584 (or an attachment to Form TP-584) must complete a

separate Form IT-2663 or Form IT-2664.

Information concerning quarterly wages paid to employees is

provided to certain state agencies for purposes of fraud prevention,

support enforcement, evaluation of the effectiveness of certain

employment and training programs and other purposes authorized

by law.

Failure to provide the required information may subject you to civil

or criminal penalties, or both, under the Tax Law.

This information is maintained by the Director of Records

Management and Data Entry, NYS Tax Department, W A Harriman

Campus, Albany NY 12227; telephone 1 800 225-5829. From areas

outside the United States and outside Canada, call

(518) 485-6800.

If you have access to a telecommunications device for the

deaf (TDD), contact us at 1 800 634-2110. If you do not

own a TDD, check with independent living centers or

community action programs to find out where machines are

available for public use.

Persons with disabilities: In compliance with the

Americans with Disabilities Act, we will ensure that our

lobbies, offices, meeting rooms, and other facilities are

accessible to persons with disabilities. If you have

questions about special accommodations for persons

with disabilities, please call 1 800 972-1233.

Privacy notification

The Commissioner of Taxation and Finance may collect and

maintain personal information pursuant to the New York State Tax

Law, including but not limited to, sections 171, 171-a, 287, 308,

429, 475, 505, 697, 1096, 1142, and 1415 of that Law; and may

require disclosure of social security numbers pursuant to

42 USC 405(c)(2)(C)(i).

This information will be used to determine and administer tax

liabilities and, when authorized by law, for certain tax offset and

exchange of tax information programs as well as for any other

lawful purpose.

www.nystax.gov

(for information, forms, and publications)

Fax-on-demand forms: Forms are

available 24 hours a day,

7 days a week.

1 800 748-3676

Telephone assistance is available from

8:00 A.M. to 5:00 P.M.(eastern time), Monday through Friday.

To order forms and publications:

1 800 462-8100

Business Tax Information Center:

1 800 972-1233

Personal Income Tax Information Center: 1 800 225-5829

From areas outside the U.S. and

outside Canada:

(518) 485-6800