Does New York's controlling interest transfer tax apply to my LLC sale?
If you transfer 50% or more of the ownership interests in an entity that owns real property, New York treats it as a taxable conveyance under the controlling interest provisions. This can eliminate the transfer tax savings that motivated the entity sale in the first place. The analysis depends on your entity structure, percentage transferred, and whether the entity holds other assets. Have your tax attorney evaluate before committing to this approach.
This article provides general educational information only. It is not legal, tax, financial, insurance, compliance, housing, brokerage, or professional advice. Rules, tax rates, obligations, enforcement practices, and market conditions vary by property, building, contract, municipality, and jurisdiction, and they change. Sellers should consult a qualified attorney, CPA, or other appropriate professional before making decisions based on their specific situation.
From the seller playbook: Selling Through an LLC or Trust
This is general information, not legal, tax or accounting advice. Every situation is different. Talk to a licensed attorney, accountant or tax professional before you act.
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