![]() Enlarge image | TP-584-REIT (7/23) Department of Taxation and Finance Recording Office Time Stamp Combined Real Estate Transfer Tax Return and Credit Line Mortgage Certificate for Real Estate Investment Trust Transfers Before completing this form, see General information on page 2. Schedule A – Information relating to conveyance Grantor Name (if individual; last, first, middle initial) Social Security number Individual Corporation Partnership Other Mailing address Employer identification number (EIN) Name (if individual; last, first, middle initial) Social Security number Grantee Individual Corporation Partnership Other Mailing address EIN Tax map designation Address City/village Town County Section Block Lot Type of property conveyed (check applicable box) 1 Vacant land 4 Office building Date of conveyance 2 Commercial/industrial 5 Other 3 Apartment building month day year Condition of conveyance (check all that apply) a. Conveyance of fee interest c. Transfer of a controlling interest (state e. Other (describe) b. Acquisition of a controlling interest (state percentage transferred %) percentage acquired %) d. Conveyance which consists of a mere change of identity or form of ownership or organization (attach Form TP-584.1, Schedule F) Schedule B – Real estate transfer tax return (Tax Law Article 31) Part 1 – Computation of tax due 1 Enter amount of consideration for the conveyance (if you are claiming a total exemption from tax, enter consideration and proceed to Part 2) ................................................................................................................................................ 1 2 Continuing lien deduction (see instructions if property is taken subject to mortgage or lien) ................................................ 2 3 Taxable consideration (subtract line 2 from line 1) .......................................................................................................... 3 4 Tax due: $1 for each $500, or fractional part thereof, of consideration on line 3 ........................................................ 4 Part 2 – Explanation of exemption claimed in Part 1, line 1 (check either box that applies) a. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership......................................................................................................................................................................... a. b. Other (attach explanation) ................................................................................................................................................................... b. 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:(Mark an Xin the appropriate box) 1 The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2 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 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. 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). 3 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 their agent for the balance due, and a satisfaction of such mortgage will be recorded as soon as it is available. 4 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 secured in 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.) For recording officer’s use Amount Date received Transaction number received 58500107230094 |
![]() Enlarge image | TP-584-REIT (7/23) (page 2) General information (v) payment of a tenant’s attorneys’ fees; A conveyance of real property to a real estate investment (e) to acquire any interest in real property (including an trust (REIT), as defined in the Internal Revenue Code (IRC) ownership interest in any entity owning real property) section 856A, may be subject to the transfer tax at the reduced except an acquisition that would qualify for the reduced rate of $1 for each $500 or fractional part of consideration. The rate of tax provided for a REIT transfer (without regard to conveyance may be to the REIT itself or to an entity, such as a this requirement); or partnership or a corporation, in which a REIT owns a controlling (f) for reserves established for any of the purposes described interest immediately following the transfer (REIT transfer). in items (a), (b), (c) or (d) above. To qualify for the reduced transfer tax rate, REIT transfers that For purposes of this requirement, the term real property are in connection with the initial formation of the REIT must includes real property owned directly or indirectly by the REIT, occur on or after June 9, 1994. In addition, the REIT transfer whether located inside or outside New York State. Also, the must also meet certain Ownership retention requirements calculation of the net cash proceeds from the initial offering and the Use of proceeds requirement described below. See of the REIT is made without regard to any proceeds resulting TSB-M-94(4)R, 1994 Amendments to the Real Property from the exercise of any underwriter’s over-allotment option in Transfer Gains Tax and the Real Estate Transfer Tax, for connection with the initial offering of the REIT shares. the requirements for determining whether a REIT transfer qualifies as being a transfer that occurs in connection with the Payment of estimated personal income tax by initial formation of the REIT. individuals, estates, and trusts In addition, REIT transfers other than those in connection Nonresidents – Nonresident individuals, estates, and trusts with the initial formation of the REIT qualify for the reduced taxed under Tax Law Article 22 must comply with the provisions transfer tax rate if they occur on or after July 13, 1996, but of Tax Law section 663, estimating the personal income before September 1, 2026. Furthermore, in order to qualify for tax on the gain, if any, from the sale or transfer of certain the reduced transfer tax rate, a REIT transfer must meet the real property located in New York State. Such nonresident Ownership retention requirements described below. individuals, estates, and trusts are required to either complete Form IT-2663, Nonresident Real Property Estimated Income Tax Ownership retention requirements Payment Form; or Schedule D of Form TP-584, Combined Real As part of the consideration for the conveyance of real property Estate Transfer Tax Return, Credit Line Mortgage Certificate or interest therein, the grantors must receive ownership and Certification of Exemption from the Payment of Estimated interests in the REIT, or in an entity controlled, or to be Personal Income Tax, and file it with Form TP-584-REIT. controlled by the REIT, which have at least a certain minimum Residents –The requirement for payment of estimated value as described herein. The value of those ownership personal income tax under Tax Law section 663 does not interests received in the REIT, or in an entity controlled, or to apply to individuals, estates, and trusts who are residents of be controlled by the REIT, must be equal to at least 40% (50% New York State at the time of the sale or transfer. Resident if the conveyance is other than in connection with the initial individuals, estates, and trusts must complete Schedule D of formation of a REIT) of the equity value of the real property Form TP-584, and file it with Form TP-584-REIT. or interest therein conveyed by the grantors to the grantee. In addition, the ownership interests in the REIT, or in an entity See Payment of estimated personal income tax, on page 1 controlled, or to be controlled by the REIT, received by the of Form TP-584-I, Instructions for Form TP-584 for more grantors as part of the consideration for the conveyance must information. be retained by the grantors (or an owner of the grantor) for a period of at least two years from the date of the REIT transfer, Specific instructions except in the case of the subsequent conveyance of these interests as a result of the death of an individual grantor. See Schedule A TSB-M-94(4)R for the method used to calculate the equity value of the property and the value of the ownership interests Condition of conveyance received. Indicate the condition of conveyance by checking all the conditions that apply. If you check item d, attach Form TP-584.1, Use of proceeds requirement Real Estate Transfer Tax Return Supplemental Schedules, to At least 75% of the net cash proceeds (after deducting Form TP-584-REIT, with Schedule F completed. underwriting discounts) received by the REIT from its initial offering must be used for the following purposes: Schedule B (a) to make payments on loans secured by any interest in the Line 1 – Enter the consideration for the conveyance as set forth real property owned directly or indirectly by the REIT; in Tax Law section 1402(b)(3). See TSB-M-94(4)R for more information on the calculation of consideration and net cash flow (b) to pay for capital improvements to the real property owned from operations. directly or indirectly by the REIT; (c) to pay costs, fees and expenses (including brokerage fees, Line 2 – See Form TP-584-I , page 3, for more information on commissions and professional fees) incurred in connection the continuing lien deduction. with the creation of a leasehold or sublease pertaining to Line 4 – Compute and enter the amount of tax due based the real property owned directly or indirectly by the REIT; on the consideration entered on line 3. The rate is $1 for each (d) to make payments to or on behalf of a tenant as an $500, or fractional part thereof, of taxable consideration on inducement to enter into a lease or sublease, including but line 3. not limited to the following: (i) a cash bonus paid to a tenant for signing a lease; Schedule C (ii) a payment for the unexpired term of a tenant’s previous Mark an Xin the appropriate box on Schedule C, if this lease; schedule is required. (iii) payment of a tenant’s moving costs; (iv) payment for a tenant’s improvements that do not constitute capital improvements (such as temporary partitions or non-permanent electrical wiring for computer equipment); and Signature and affirmation (both the grantors and grantees must sign). The undersigned certify that the above return, including any certification, schedule or attachment, is to the best of their knowledge, true and complete, and authorize the persons 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 58500207230094 |