N.Y. Tax Law 1406 – Preparation and sale of stamps
§ 1406. Preparation and sale of stamps. (a) The tax commission shall prepare adhesive documentary stamps for purposes of the real estate transfer tax of such design, in such form, in such denominations and in such quantities as it may from time to time deem advisable. The tax commission shall make provision for the sale of such stamps by its duly authorized agent or agents in such places, at such times and subject to such terms and conditions as in its judgment may be necessary.
Terms Used In N.Y. Tax Law 1406
- Contract: A legal written agreement that becomes binding when signed.
- Person: means an individual, partnership, limited liability company, 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. See N.Y. Tax Law 1401
(b) The tax commission may from time to time and as often as it deems advisable provide for the issuance and exclusive use of stamps of a new design and forbid the use of stamps of any other design. In order to make such a change and discontinue the use of stamps of a former design, the tax commission shall publish once in each week for each of three months immediately preceding the time when such change shall take effect, in one or more daily newspapers published in each of the first and second class cities of the state, a notice to the effect that after a certain date, which shall be at least three months after the first publication of such notice, only the new issue or design of stamps shall be accepted or used to pay the real estate transfer tax. After such date, it shall be unlawful for any person to make use of any other than the new issue or design of stamps in payment of such tax.
(c) Any person lawfully in possession of unused stamps of an old or superseded issue or design may, within ninety days from the time when such change becomes effective, surrender the unused stamps to the tax commission together with a sworn statement setting forth the name and address of the owner and party surrendering the stamps, how, when and from whom they were acquired and such other information as the tax commission may require. The tax commission shall redeem such unused and surrendered stamps by exchanging stamps of a like denomination of the new issue or design for them.
(d) Notwithstanding the provisions of sections seven and eight of the state printing law, the tax commission is hereby directed to make, enter into and execute for and on behalf of the state such contract or contracts for dyes, plates and printing necessary for the manufacture of the stamps provided for by this article. The tax commission shall be the custodian of all stamps, dyes, plates or other material or thing furnished by it and used in the manufacture of such state tax stamps.
(e) This section shall not apply to the extent the commissioner of taxation and finance chooses not to use documentary stamps for purposes of this tax.