S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3443
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M. of A. SKOUFIS, ZEBROWSKI -- read once and referred to
   the Committee on Ways and Means
 
 AN ACT to amend the tax law and the administrative code of the  city  of
   New York, in relation to real property transfer tax returns of limited
   liability companies

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision (a) of section 1409 of the tax law, as amended
 by chapter 309 of the laws of 1996, is amended to read as follows:
   (a) A joint return shall be filed by both the grantor and the  grantee
 for  each  conveyance  whether  or not a tax is due thereon other than a
 conveyance of an easement or license to a public utility as  defined  in
 subdivision  two  of section one hundred eighty-six-a of this chapter or
 to a public utility which is a provider of telecommunication services as
 defined in subdivision one of section one hundred eighty-six-e  of  this
 chapter,  where  the consideration is two dollars or less and is clearly
 stated as actual consideration in the instrument of conveyance. WHEN THE
 GRANTOR OR GRANTEE OF A DEED FOR RESIDENTIAL  REAL  PROPERTY  CONTAINING
 ONE-  TO  FOUR-FAMILY DWELLING UNITS IS A LIMITED LIABILITY COMPANY, THE
 JOINT RETURN SHALL NOT BE ACCEPTED FOR FILING UNLESS IT  IS  ACCOMPANIED
 BY  A  DOCUMENT WHICH IDENTIFIES THE NAMES AND BUSINESS ADDRESSES OF ALL
 MEMBERS, MANAGERS, AND ANY OTHER AUTHORIZED PERSONS,  IF  ANY,  OF  SUCH
 LIMITED  LIABILITY  COMPANY  AND THE NAMES AND BUSINESS ADDRESSES OR, IF
 NONE, THE BUSINESS ADDRESSES OF ALL SHAREHOLDERS,  DIRECTORS,  OFFICERS,
 MEMBERS, MANAGERS AND PARTNERS OF ANY LIMITED LIABILITY COMPANY OR OTHER
 BUSINESS  ENTITY  THAT  ARE  TO  BE  THE MEMBERS, MANAGERS OR AUTHORIZED
 PERSONS, IF ANY, OF SUCH LIMITED LIABILITY COMPANY.  THE  IDENTIFICATION
 OF  SUCH NAMES AND ADDRESSES SHALL NOT BE DEEMED AN UNWARRANTED INVASION
 OF PERSONAL PRIVACY PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS  LAW.
 IF  ANY SUCH MEMBER, MANAGER OR AUTHORIZED PERSON OF THE LIMITED LIABIL-
 ITY COMPANY IS ITSELF A LIMITED  LIABILITY  COMPANY  OR  OTHER  BUSINESS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02404-01-7

 A. 3443                             2
 
 ENTITY,  THE  NAMES  AND ADDRESSES OF THE SHAREHOLDERS, DIRECTORS, OFFI-
 CERS, MEMBERS, MANAGERS AND PARTNERS OF THE LIMITED LIABILITY COMPANY OR
 OTHER BUSINESS ENTITY SHALL ALSO BE DISCLOSED UNTIL FULL  DISCLOSURE  OF
 ULTIMATE  OWNERSHIP BY NATURAL PERSONS IS ACHIEVED. FOR PURPOSES OF THIS
 SUBDIVISION,  THE  TERMS  "MEMBERS",  "MANAGERS",  "AUTHORIZED  PERSON",
 "LIMITED  LIABILITY  COMPANY" AND "OTHER BUSINESS ENTITY" SHALL HAVE THE
 SAME MEANING AS THOSE TERMS ARE DEFINED IN SECTION ONE  HUNDRED  TWO  OF
 THE  LIMITED  LIABILITY  COMPANY LAW. The return shall be filed with the
 recording officer before the instrument effecting the conveyance may  be
 recorded.  However,  if  the tax is paid to the commissioner pursuant to
 section fourteen hundred ten of this article, the return shall be  filed
 with  such commissioner at the time the tax is paid. In that instance, a
 receipt evidencing the filing of the return and the payment of tax shall
 be filed with the recording officer before the instrument effecting  the
 conveyance  may  be  recorded.  The  recording officer shall handle such
 receipt in the same manner as a return filed with the recording officer.
   § 2. Section 11-2105 of the administrative code of  the  city  of  New
 York is amended by adding a new subdivision h to read as follows:
   H. WHEN THE GRANTOR OR GRANTEE OF A DEED FOR RESIDENTIAL REAL PROPERTY
 CONTAINING  ONE-  TO  FOUR-FAMILY  DWELLING UNITS IS A LIMITED LIABILITY
 COMPANY, THE JOINT RETURN SHALL NOT BE ACCEPTED FOR FILING UNLESS IT  IS
 ACCOMPANIED  BY  A  DOCUMENT  WHICH  IDENTIFIES  THE  NAMES AND BUSINESS
 ADDRESSES OF ALL MEMBERS, MANAGERS, AND ANY OTHER AUTHORIZED PERSONS, IF
 ANY, OF SUCH LIMITED  LIABILITY  COMPANY  AND  THE  NAMES  AND  BUSINESS
 ADDRESSES  OR,  IF  NONE,  THE  BUSINESS  ADDRESSES OF ALL SHAREHOLDERS,
 DIRECTORS, OFFICERS, MEMBERS,  MANAGERS  AND  PARTNERS  OF  ANY  LIMITED
 LIABILITY  COMPANY  OR OTHER BUSINESS ENTITY THAT ARE TO BE THE MEMBERS,
 MANAGERS OR AUTHORIZED PERSONS, IF ANY, OF SUCH LIMITED LIABILITY COMPA-
 NY.  THE IDENTIFICATION OF SUCH NAMES AND ADDRESSES SHALL NOT BE  DEEMED
 AN  UNWARRANTED  INVASION OF PERSONAL PRIVACY PURSUANT TO ARTICLE SIX OF
 THE PUBLIC OFFICERS LAW.   IF ANY SUCH  MEMBER,  MANAGER  OR  AUTHORIZED
 PERSON  OF  THE  LIMITED LIABILITY COMPANY IS ITSELF A LIMITED LIABILITY
 COMPANY OR OTHER BUSINESS ENTITY, THE NAMES AND ADDRESSES OF THE  SHARE-
 HOLDERS,  DIRECTORS,  OFFICERS,  MEMBERS,  MANAGERS  AND PARTNERS OF THE
 LIMITED LIABILITY  COMPANY  OR  OTHER  BUSINESS  ENTITY  SHALL  ALSO  BE
 DISCLOSED UNTIL FULL DISCLOSURE OF ULTIMATE OWNERSHIP BY NATURAL PERSONS
 IS  ACHIEVED.  FOR  PURPOSES  OF  THIS SUBDIVISION, THE TERMS "MEMBERS",
 "MANAGERS", "AUTHORIZED PERSON", "LIMITED LIABILITY COMPANY" AND  "OTHER
 BUSINESS  ENTITY" SHALL HAVE THE SAME MEANING AS THOSE TERMS ARE DEFINED
 IN SECTION ONE HUNDRED TWO OF THE LIMITED LIABILITY COMPANY LAW.
   § 3. This act shall take effect immediately.