Are you pricing or bidding on a co-op on the Upper West Side and wondering how a flip tax will change the math? You are not alone. Flip taxes are common in UWS co-ops and can shift net proceeds for sellers and total cost for buyers. In this guide, you will learn what a flip tax is, the most common structures on the UWS, who typically pays, and simple ways to model the impact before you list or make an offer. Let’s dive in.
What a flip tax is
A flip tax is a charge collected by a co-operative corporation when shares transfer at resale. It helps fund reserves, operating expenses, or mortgage reduction. It is not a government tax. It is an internal building charge authorized by the co-op’s governing documents.
The legal authority to collect a flip tax must be in the co-op’s certificate of incorporation, bylaws, proprietary lease, or offering plan. If there is no flip-tax provision, the co-op cannot collect one unless shareholders adopt it according to the amendment process. Boards enforce flip taxes as written and collect them at closing, often through a payoff letter prepared by the co-op’s attorney.
Common UWS flip-tax structures
Practices vary from building to building, especially across prewar co-ops. Verify the exact formula before you price or bid.
Percent of sale price
- Formula: flip tax = sale price × flip rate.
- Many buildings use low single-digit percentages, sometimes tiered or capped.
Per-share flat charge
- Formula: flip tax = per-share amount × the unit’s allocated shares.
- Older co-ops often quote flip taxes as dollars per share.
Percentage of profit
- Formula: flip tax = flip rate × net profit.
- Net profit is typically sale price minus the seller’s original cost plus allowable selling costs. This method requires documentation and extra reconciliation.
Fixed or hybrid structures
- Some buildings set a flat dollar fee per transfer.
- Hybrids are common, such as a percent of sale capped at a maximum amount, or per-share charges with a cap.
Timing at closing
- The flip tax is usually collected at closing. The co-op’s attorney issues a payoff or waiver letter and closing counsel includes it on the settlement statement.
Who usually pays
Governing documents control who is responsible. In practice you will see several patterns:
- Seller pays. This is very common and reduces seller net proceeds.
- Buyer pays. Less common, but used in some buildings or negotiated deals.
- Split payment. Parties sometimes agree to share the cost, subject to board rules.
- Waivers or reductions. Boards can waive or reduce the flip tax in specific situations, but only as allowed by the co-op’s rules.
When you plan pricing or an offer, confirm the building’s rule and reflect it in the contract and closing statement.
How flip taxes change your bottom line
For sellers, a flip tax directly reduces cash at closing if the seller pays. It can also influence list price strategy and concessions. For buyers, a buyer-paid flip tax increases total cash needed and may affect loan-to-value planning.
Seller net proceeds formula
Net proceeds to seller, before income tax, typically equals:
- sale price
- minus flip tax (per the building’s formula)
- minus real estate commission
- minus seller closing costs, such as attorney fees, move-out fees, and transfer-related fees if applicable
- minus outstanding mortgage and other liens
- minus any seller credits or concessions
If the buyer pays the flip tax, remove it from the seller’s side, but account for its effect on negotiations and pricing.
Flip-tax calculations by structure
- Percent of sale: flip tax = sale price × flip rate.
- Per-share: flip tax = per-share amount × unit shares.
- Profit-based: flip tax = flip rate × (sale price − seller basis − allowable costs).
- Hybrid or capped: follow the building’s written formula.
Example scenarios
Assumptions are for illustration only. Always verify your building’s formula.
Example A, percent flip tax, seller pays:
- Sale price 1,200,000; flip rate 2 percent; commission 5 percent; seller closing costs 5,000; mortgage payoff 300,000.
- Flip tax = 24,000. Commission = 60,000. Approximate net proceeds = 1,200,000 − 24,000 − 60,000 − 5,000 − 300,000 = 811,000.
Example B, per-share flip tax, seller pays:
- Sale price 750,000; shares 1,500; per-share charge 20.
- Flip tax = 30,000.
Example C, profit-based flip tax:
- Sale price 900,000; seller basis and improvements 600,000; flip rate 25 percent of profit.
- Profit = 300,000. Flip tax = 75,000.
Quick net-proceeds model
Use this as a starting checklist for your co-op. Replace the example values with your numbers.
| Item | Your entry | Example |
|---|---|---|
| Sale price | 1,200,000 | |
| Flip-tax method | 2 percent of sale | |
| Flip-tax amount | 24,000 | |
| Commission percent | 5 percent | |
| Commission amount | 60,000 | |
| Estimated seller closing costs | 5,000 | |
| Mortgage payoff | 300,000 | |
| Estimated net proceeds | 811,000 |
Note: Always include a step to verify the flip-tax formula in the proprietary lease, bylaws, or an attorney payoff letter.
Due diligence for UWS sellers and buyers
Get clarity early to avoid surprises during board review or at the closing table.
- Request the proprietary lease, bylaws, certificate of incorporation, and any amendments that mention transfer fees or flip taxes.
- Ask the managing agent or co-op counsel for a written flip-tax estimate or payoff letter tied to your price.
- Confirm who pays and any caps, tiers, or exceptions.
- For profit-based formulas, gather purchase closing statements and records of capital improvements now.
- Make sure your attorney aligns the flip-tax treatment with lender requirements and the settlement statement.
Negotiation and pricing strategy on the UWS
A flip tax affects how you structure price and concessions.
- Who pays. Negotiate buyer, seller, or split, subject to the co-op’s rules. Many sellers plan to pay and price accordingly.
- Asking price. Some sellers adjust their ask to offset a seller-paid flip tax. Weigh competitiveness and appraisal sensitivity before increasing list price.
- Waivers and credits. Boards can sometimes waive or reduce fees for inter-family transfers, hardship, or to facilitate a sale. Treat waivers as a request, not an entitlement.
- Timing. Profit-based formulas can add verification steps that extend the closing timeline. Build in time for document review.
Tax, legal, and closing mechanics
Flip taxes are internal co-op charges, not city or state transfer taxes. They generally reduce seller proceeds and can affect the amount realized for capital gains calculations. The exact tax treatment depends on your facts, including whether the charge is treated as a selling expense. Speak with your attorney and a qualified tax advisor.
At closing, the co-op’s attorney typically provides a payoff or waiver letter. Closing counsel places that figure on the statement and collects it through escrow. If your building uses a profit-based method, expect to furnish proof of purchase price and capital improvements so the co-op can confirm the calculation.
Next steps
A clear, building-specific model helps you make smarter pricing and offer decisions. If you want a precise net sheet that reflects your co-op’s exact flip-tax formula and today’s market, request a complimentary valuation and proceeds estimate tailored to your apartment.
Ready to plan your sale or purchase on the Upper West Side? Connect with Kimberly Jay for a confidential consultation and a data-driven, concierge approach.
FAQs
What is a co-op flip tax on the UWS?
- It is a building-imposed charge on the transfer of co-op shares that funds reserves or operations, authorized by the co-op’s governing documents and collected at closing.
How much are UWS co-op flip taxes?
- Amounts vary by building and formula, often a small percent of sale price, a per-share charge, a profit-based amount, or a fixed fee with possible caps.
Who pays the flip tax in a UWS sale?
- The governing documents control payment; sellers commonly pay, but buyers sometimes do, and parties can negotiate subject to board rules.
How do I model net proceeds with a flip tax?
- Start with sale price, subtract the flip tax per the building’s formula, commissions, closing costs, liens, and any credits to estimate your before-tax proceeds.
Can a co-op board waive or reduce the flip tax?
- Boards may grant a waiver or reduction if permitted by the governing documents, but it is discretionary and not guaranteed.
Does a flip tax affect my capital gains tax?
- It generally reduces the seller’s proceeds and can affect taxable gain; consult your CPA or tax advisor for your specific treatment.