NY Transfer Tax

[jimrp202]

I bought a condo in Florida.  I am in the process of selling my coop in Queens NY.  If I homestead in Florida now, and sell my coop in 6 months, do I still pay NY Transfer Tax as a resident?

JP

[Anonymous_ · Accepted solution]

You should check with a tax and/or real estate professional in the state, but it does not appear as if your residency has any impact on the transfer tax.

See https://www.nysenate.gov/legislation/laws/TAX/1449-EE

[jimrp202]

I found this info but am not sure if it is valid in 2020 since the article was not dated.

To get the home gain exclusion, I would need to use the Queens coop as my primary residence for two years before the closing date of my Florida condo. Regardless of my present resident state.

So if I sell the Queens coop and make less than 250,000 in profit, say one year after I leave NY, I do not have to claim the profit. But I still have to pay the transfer tax.

Is that your understanding?

thank you

JP

[Anonymous_]

I believe you still have to pay the transfer tax but you must own and use the co-op as your principal residence for 2 out of the last 5 years leading up to the closing of the sale in order to qualify for the full $250,000 exclusion from gain.

See https://www.irs.gov/publications/p523#en_US_2019_publink10008939