The New York City mansion tax, a real estate transfer tax levied on properties exceeding $1 million, can be a significant closing cost for many buyers. This comprehensive guide explores everything you need to know about this tax, from its calculation and who pays it to potential strategies for navigating its impact. Although the tax is named after Mansions, with the average prices of homes for sale in Brooklyn at $1.2 Million or $1.7 million in Manhattan, it’s much more common than the name implies. 


Understanding the Mansion Tax

The NYC mansion tax, a levy on high-value residential property sales, has a long and debated history. Here's a timeline of key events:

1989: The Birth of the Mansion Tax

  • Facing a budget deficit, the administration of then-Governor Mario Cuomo proposes the mansion tax.

  • It's established as a 1% tax on all residential property sales exceeding $1 million across New York State.

Early Years (1989-2018): A Flat Rate and Rising Prices

  • The mansion tax remains at a flat 1% rate for nearly three decades.

  • This initial threshold of $1 million captures high-end properties, generating revenue for the state.

  • However, inflation steadily erodes the impact of the $1 million threshold over time.

2019: A Time for Change

  • As property values in NYC, particularly luxury apartments, continue to climb, the mansion tax's effectiveness in targeting high-end transactions wanes.

  • The mansion tax undergoes a significant revision:

    • A tiered tax rate system is introduced. Properties exceeding $2 million now face higher rates.

    • Rates for properties above $1 million remain, but the tax becomes more progressive.

    • The goal is to raise additional revenue and ensure the tax continues to target luxury purchases.

2019-Present: Debate and Uncertainty

  • The revised mansion tax sparks debate, particularly the unchanged $1 million threshold.

  • Some argue that it unfairly burdens a broader range of buyers due to inflation and rising property values.

  • The future of the mansion tax remains uncertain. Potential adjustments could include:

    • Raising the threshold to account for inflation or property value growth.

    • Further revising tax rates within the tiered system.

    • Abolishing the tax entirely (considered less likely).

Beyond the Timeline: The Impact

The mansion tax undeniably generates revenue for the state, but its impact goes beyond finances. It influences buyer behavior, potentially affecting the luxury real estate market. Recent news suggests a connection between the revised mansion tax and a decrease in Manhattan apartment prices.

The Takeaway

The NYC mansion tax has evolved, reflecting changing economic realities and debates about fair taxation. As the city grapples with its budget needs and a dynamic real estate market, the future of the mansion tax remains to be seen.


Calculating the Tax

The mansion tax is a tiered system based on the purchase price:

  • $1 million - $2 million: 1.00%

  • $2 million - $3 million: 1.25%

  • $3 million - $5 million: 1.50%

  • $5 million - $10 million: 2.25%

  • $10 million - $15 million: 3.25%

  • $15 million - $20 million: 3.50%

  • $20 million - $25 million: 3.75%

  • $25 million and above: 3.90%

For example, if you purchase an apartment for $1.5 million, the mansion tax would be $15,000 (1.5% of $1.5 million). Areas in NYC most likely to have mansion tax properties are those known for luxury real estate and high property values. Here's a breakdown:

  • Manhattan: Since Manhattan boasts some of the most expensive apartments and houses in NYC, it's highly likely to have properties exceeding the $1 million mansion tax threshold. Areas like SoHo, Tribeca, the Upper East Side, and Midtown are prime examples.

  • Brooklyn: While not as extensive as Manhattan, Brooklyn also has pockets with luxury developments and million-dollar-plus properties. Look for them in Brooklyn Heights, DUMBO, Williamsburg, Park Slope, and Brooklyn Bridge Park.

  • Queens: Queens' luxury market is concentrated in specific areas like Long Island City, Astoria, and Flushing. These neighborhoods have seen significant development in recent years, with high-end condos and apartments pushing property values up.


Who Pays the Mansion Tax?

The buyer is typically responsible for paying the mansion tax. While the seller can agree to cover it, this is uncommon. The tax is essentially something the buyer has to include in their closing cost when purchasing a home.

The tax applies to all residential properties exceeding $1 million, including:

  • New developments

  • Resale Properties

  • Condominiums

  • Cooperatives

  • Houses


Filing and Payment Process

  • Co-op purchase: The seller's attorney collects the mansion tax at closing and submits it with the transfer tax and Form TP-584 to the county clerk.

  • Actual property purchase (condo/house): Your title company collects and pays the mansion tax and Form TP-584.

The technical due date is 15 days after closing, but it's almost always paid at closing.


The Future of the Mansion Tax

In 2019, the mansion tax saw increased rates for properties exceeding $2 million. However, the $1 million threshold, a major source of debate, remains unchanged. While adjusting it for inflation or property value growth seems logical, the future of the tax remains uncertain. Here's a closer look at the current situation and potential changes:

  • Outdated Threshold: The $1 million threshold, unchanged since 1989, is a major point of contention. Adjusting for inflation or property value growth is likely the future step.

  • Potential Adjustments: Further tweaks could involve revising tax rates for different brackets or even abolishing the tax entirely, though this is less probable. For instance, the tax rates for properties exceeding $ 2 million were increased in 2019, and similar changes could be made for other brackets. However, abolishing the tax entirely is less likely, as it is a significant source of revenue for the city.

  • Factors at Play: NYC's budgetary needs and real estate market trends will significantly influence the tax's fate.

Stay Informed:

  • Local news outlets and real estate publications can keep you updated on any developments regarding the mansion tax.

  • City council agendas and budget proposals might also offer insights into potential changes.


Impact on the Market

Recent news suggests a connection between the revised mansion tax and decreased Manhattan apartment prices. The luxury market boomed before the July 1st deadline to avoid the new tax rates, but the third quarter saw a significant drop in average apartment prices. This drop can be attributed to the increased tax rates for high-end properties. The tax revenue generated is expected to be directed toward improving New York City's subway system, which could attract more buyers to the city.

Consulting with professionals at Robert DeFalco Realty can be invaluable when navigating this and other closing costs.

 


Posted by Robert DeFalco on

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