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670 White Plains Road
Scarsdale, NY 10583

Tel: (914) 725-7200
Fax: (914) 725-7724
info@madisonabstract.com
July 04, 2009

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On July 21, 2008, Governor Paterson signed Chapter 349 into law. Effective immediately, the new legislation creates an exemption from the Peconic Bay Region Community Preservation Fund transfer tax in the towns of Southampton, East Hampton and Shelter Island (Southold and Riverhead not included) for qualifying first-time buyers and for certain not-for-profit corporation. The exemption applies to individual purchasers of primary residences (i.e. real property) where the purchase price and income of the first time homebuyer falls within certain limits. If the purchaser is a qualifying not-for-profit corporation, the exemption applies to any real property that will provide affordable housing opportunities under the conditions stated in the legislation.

To take advantage of the exemption, the purchaser must submit an application to his/her town prior to closing along with his/her most recent income tax return and a copy of the contract of sale. The town will then sign the application/form, as well as Part II of the amended Peconic Bay Region Community Preservation Fund transfer tax return , thereby granting the tax exemption.

Please note that the transfer tax form must be printed on 8 ½ by 14 paper and both forms submitted to the County Clerk’s office in order for the deed to be recorded and the tax exemption recognized. Exemption application forms and procedures are currently being prepared by the towns previously highlighted since all are required to use the new Peconic Bay forms for recording purposes regardless of whether they qualify for the exemption.

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A religious corporation cannot sell, mortgage or lease for a term exceeding five years, any of its real property without applying for and obtaining leave of the Court. A court order is also necessary for mortgages with terms less than five years. Religious entities are subject to the same Not-for-Profit laws as not-for-profit corporations so in addition to court approval, the consent of two-thirds of the directors to the sale must be obtained. Strict compliance with the order approving the transaction is required, so if there is an amendment to the terms of the mortgage, the court order must also be amended. Since not-for-profit corporations are exempt from paying a transfer tax, the purchasers of said properties may have to pay the transfer tax by default.