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Who Pays Transfer Tax in NYC? Seller Closing Costs Explained (2026)

Customary rules vs. technical reality: A comprehensive breakdown of what NYC sellers actually pay when the keys change hands.

Last updated: April 202610 min read

When a New York City real estate deal closes, the question of who pays what doesn't always follow a simple script. Most costs have a customary answer — but customary isn't the same as guaranteed, and there are real situations where the usual rules get flipped entirely.

Transfer taxes are the biggest variable. They can represent $10,000 on a modest sale or well over $100,000 on a high-end transaction. Understanding who's on the hook, and when that changes, is essential whether you're selling your first apartment or your tenth investment property.

The Short Answer

In a standard resale transaction, the seller pays both the NYC Real Property Transfer Tax (RPTT) and the New York State Transfer Tax. The buyer pays the Mansion Tax (if applicable) and the Mortgage Recording Tax.

That's the customary split. But there's a major exception: new construction sponsor sales.

NYC Real Property Transfer Tax (RPTT): What Sellers Owe

The NYC RPTT is charged on the total consideration paid for the property. The rate depends on the property type and the price:

Property TypeUnder $500,000$500,000 and Above
Residential (1–3 family, condo, co-op)1.000%1.425%
Commercial / Other1.425%2.625%

The $500,000 threshold is absolute. At $499,000, a residential seller pays 1%. At $501,000, they pay 1.425% on the entire amount. This sometimes leads to tactical pricing discussions between attorneys during negotiations.

Step 1: Calculate Your Total Tax Bill

The fastest way to get exact figures is our interactive calculator.

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The Big Exception: Sponsor (New Construction) Sales

In new development buildings, the seller is typically the sponsor (the developer). Sponsors routinely include a clause in their purchase agreements requiring the buyer to pay the NYC and NYS transfer taxes.

The New Construction Penalty

On a $1,500,000 new construction condo, the 1.825% total transfer taxes (~$27,375) are flipped to the buyer. This is one reason new construction closing costs frequently hit 6% rather than 2-3%.

Net Proceeds Breakdown: Sample Case

Selling a $1,100,000 NYC co-op with $600k mortgage payoff.

Seller Net Proceeds
Sale Price $1,100,000
Mortgage Payoff ($600,000)
Broker Fee (5.5%) ($60,500)
NYC/NYS Taxes ($20,075)
Flip Tax (2%) ($22,000)
Attorney/Misc ($4,000)
Estimated Net~$393,425

Timing: When Is the Tax Paid?

Transfer taxes are due at closing. In practice, your attorney handles this at the closing table— the funds come from your sale proceeds directly. You don't usually write a check in advance, but you do need to mentally subtract these amounts from your proceeds when negotiating and planning what happens after closing.


Seller FAQ

Who pays transfer tax in NYC: buyer or seller?

In a standard resale transaction, the seller pays both the NYC Real Property Transfer Tax (RPTT) and the New York State Transfer Tax. However, in sponsor sales (new construction), the buyer is frequently contractually required to pay these taxes.

How much is the NYC RPTT for residential properties?

For residential properties (1-3 family, condo, co-op), the rate is 1.000% if the purchase price is under $500,000, and 1.425% if the price is $500,000 or more.

Do co-ops trigger NYC transfer taxes?

Yes. Since 1989, co-op transfers (shares in a corporation) have been fully subject to the NYC Real Property Transfer Tax, at the same rates as condos and single-family homes.

What is a flip tax in NYC?

A flip tax is a fee charged by a co-op building upon the sale of a unit. Unlike government transfer taxes, the flip tax goes directly to the building's reserve fund. It is typically calculated as a percentage of the sale price (1-3%) or per share.

Calculate Your Seller Taxes

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