{"id":4531,"date":"2026-07-30T09:08:17","date_gmt":"2026-07-30T09:08:17","guid":{"rendered":"https:\/\/crosscountrymovingteams.com\/?p=4531"},"modified":"2026-07-30T09:08:17","modified_gmt":"2026-07-30T09:08:17","slug":"mamdanis-pied-a-terre-tax-was-designed-to-hit-the-wealthy-but-its-sending-most-new-yorkers-to-their-estate-lawyers","status":"publish","type":"post","link":"https:\/\/crosscountrymovingteams.com\/?p=4531","title":{"rendered":"Mamdani\u2019s pied-\u00e0-terre tax was designed to hit the wealthy, but it\u2019s sending most New Yorkers to their estate lawyers"},"content":{"rendered":"
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The rush of publicity\u00a0accompanying the mayor\u2019s office highlighting a list of over 680,000 New York properties that could theoretically be subject to a new tax has inadvertently advertised how public most property data is. And it\u2019s advertised the benefits of seeking some totally legal privacy, or risk inadvertent doxxing, courtesy of Gracie Mansion.<\/p>\n

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\u201cThe wealthy and the ultra-high-net-worth have been in this game for a long time,\u201d said Myles Fischer, a partner who co-leads the Trusts and Estates practice group at Harris Beach Murtha. \u201cThe rest are sort of catching up.\u201d And that isn\u2019t cheap. Many middle-class and blue-collar homeowners are \u201cbeing forced into a situation where they have to sit down with lawyers\u201d to get planning advice that families with means secured years ago. After all, he added, \u201cit\u2019s not that you have to be a rich person to have something worth protecting. We see it from across the board.\u201d<\/p>\n

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The trigger, in this case, was a public records disclosure. When the DOF released its supplemental pied-\u00e0-terre assessment file, the coverage focused on the penthouses and the LLCs holding them. But the unfiltered file swept in far more than luxury properties\u2014it included modest homes in Bayside, single-family houses in Staten Island, properties whose owners may have had no idea their name, address, and assessed value were sitting in a publicly searchable dataset. Many still don\u2019t.<\/p>\n

Fischer wasn\u2019t surprised by the reaction. \u201cAnonymity is desirable when it can be achieved,\u201d he said, \u201cbut anonymity is also typically only one piece of the pie, so to speak. It\u2019s part of the tax plan, part of the estate plan, part of the asset protection, limitation-on-liability sort of pie.\u201d Privacy, in other words, is the door. The estate planning is what\u2019s behind it.<\/p>\n

The trip-and-fall scenario<\/h2>\n

For Fischer, the most fundamental reason to move real estate into an LLC or trust has nothing to do with taxes or public records. It\u2019s liability\u2014the kind that applies to a million-dollar house in Staten Island as directly as it does to a Central Park South penthouse. (The median price to buy a cooperative in Manhattan is $850,000 and to buy a condo it\u2019s $1.75 million, netting out to $1.225 million combined.)<\/p>\n

The scenario he describes is simple: someone slips and falls on your property. If the property sits inside an LLC or trust rather than in the owner\u2019s name, the injured party can sue the entity, but the owner\u2019s personal assets\u2014savings, other real estate, retirement accounts\u2014stay out of reach. \u201cThe only thing that\u2019s subject to that lawsuit would be the assets inside that LLC or trust,\u201d Fischer said. \u201cAll my personal assets would be protected.\u201d There are ways to pierce that structure if the entity is mismanaged, he noted, treating it \u201clike a piggy bank,\u201d commingling funds, failing to maintain proper records, but a properly maintained LLC keeps personal exposure bounded.<\/p>\n

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Fischer pushed back, gently, on the idea that this kind of planning is exclusively a rich person\u2019s game. Discussing homeowners who could get caught up in the pied-\u00e0-terre property list, he said there is a case to be made for even the mom-and-pop homeowners. \u201cYou have these poor people in Staten Island whose names are on Mamdani\u2019s list, and in their mind they\u2019re poor. They have a million-dollar house, but that\u2019s probably five times their other assets. It\u2019s quite perverse.\u201d Mom-and-pop owners, he said, use the same structures as the ultrawealthy for four core reasons: to limit liability, organize assets, avoid probate, and mitigate taxes.<\/p>\n

Beyond liability, Fischer identified three other reasons his clients, across income levels, use these structures: organizing assets within an estate plan, avoiding probate, and mitigating taxes.<\/p>\n

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The look-through caveat<\/h2>\n

Before anyone rushes to restructure, there\u2019s an important limitation that Denisse Moderski, a state and local tax partner at PKF O\u2019Connor Davies, flags immediately: moving a property into an LLC or trust does not, by itself, get an owner off the hook for the pied-\u00e0-terre surcharge.<\/p>\n

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\u201cEven with a trust, the city has come out that they are applying a look-through,\u201d she told Fortune<\/em>. \u201cSo even if you start moving properties into a trust, you still have to wonder what records the city is going to have to look through\u2014because there\u2019s a potential risk here that even if you transfer this property into an LLC or an entity, this look-through rule would apply and it could still subject a taxpayer to the surcharge.\u201d<\/p>\n

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The look-through rule means the city treats the beneficial owner of an entity as the taxpayer for surcharge purposes, so a name change on the deed doesn\u2019t change who owes the bill. Restructuring may address privacy and liability. It does not address the surcharge itself. \u201cThey have assessed this value on properties at much lower value, but the rate is much higher,\u201d Moderski added. \u201cWhen you\u2019re thinking about assessment, you have to look at it from both angles.\u201d<\/p>\n

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That said, she has seen an uptick in outreach from owners who aren\u2019t the typical trust-and-estates client. \u201cI can tell, especially with higher-profile posts, they may want to because they don\u2019t want this public information to be out there.\u201d Privacy remains a real motivation \u2014 the look-through rule affects the tax bill, not the public-records exposure. A property in an LLC titled \u201cFive Park Place Trust\u201d is a different public-records entry than one in an individual\u2019s name.<\/p>\n

How the wealthy actually title their holdings<\/h2>\n

Fischer was careful not to discuss any specific names that surfaced in recent property-list coverage, but he did note a pattern in how the ultra-wealthy structure their holdings: people seeking anonymity typically title their trusts with unrelated names\u2014\u201dthe XYZ trust\u201d or \u201cthe Five Park Place trust\u201d\u2014rather than their own, and it\u2019s their revocable living trust, the backbone of their broader estate plan, that ends up holding the property. He suggested that the pied-\u00e0-terre episode makes a case for a specific fix: a standalone entity used only to hold real estate for purposes of the public assessor\u2019s record, separate from an individual\u2019s larger estate-planning structure, so that privacy on property records doesn\u2019t require restructuring an entire estate plan.<\/p>\n

He suggested the pied-\u00e0-terre episode makes a case for a specific structural fix that even middle-income owners might consider: a standalone entity used only to hold real estate for purposes of the public assessor\u2019s record, kept separate from the individual\u2019s larger estate-planning structure. That way privacy on property records doesn\u2019t require restructuring an entire estate plan every time the law changes.<\/p>\n

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What happens when there\u2019s no plan<\/h2>\n

The highest-stakes version of the catch-up conversation isn\u2019t about the pied-\u00e0-terre tax at all. It\u2019s about what happens to the house after the owner dies.<\/p>\n

Fischer described a case that stayed with him: a client who died without a will, in his early 30s, leaving a spouse and young children. Under New York intestate law\u2014which applies when there is no will; probate, Fischer noted, is actually the process that follows once a will exists\u2014the estate was split by statute between the widow and a trust for the children. The couple\u2019s apartment was deeded half to the widow and half in trust for a minor. \u201cNot what the poor 30-year-old husband would have wanted,\u201d Fischer said, but there was no document expressing what he did want, so the statute filled in the answer.<\/p>\n

A trust changes that. It lets an owner control not just who inherits but when and how\u2014keeping an inheritance out of the hands of an 18-year-old, keeping assets out of a contested probate proceeding, and preserving what Fischer called the \u201cprotected\u201d quality of wealth for the next generation the way it was protected for the person who built it.<\/p>\n

None of that is new. The planning has been available to anyone willing to pay for it. What changed last month is that a spreadsheet briefly made a few hundred thousand New York homeowners aware their name was in a public record they\u2019d never thought about\u2014and some of them started asking questions that their wealthier neighbors answered years ago.<\/p>\n

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That liability piece is the one that applies just as much to a single-family home in Bayside as it does to a Manhattan penthouse. Fischer described a straightforward trip-and-fall scenario: someone gets hurt on a homeowner\u2019s property, and if that property sits inside an LLC or trust rather than the owner\u2019s own name, \u201cthe only thing that\u2019s subject to that lawsuit would be the assets inside that LLC or trust. So all my personal assets would be protected.\u201d There are ways to pierce that structure, he noted, but as long as the entity is properly maintained\u2014not treated \u201clike a piggy bank\u201d\u2014a beneficiary\u2019s personal exposure stops at the trust or LLC\u2019s edge.<\/p>\n

This is something that\u2019s echoed by Denisse Moderski, a state and local tax partner at PKF O\u2019Connor Davies. \u201cEven with a trust, the city has come out that they are applying a look-through. So even if you start moving properties into a trust,\u201d she told Fortune.<\/em> \u201cYou still have to wonder what records the city is going to have to look through\u2014because there\u2019s a potential risk here that even if you transfer this property into an LLC or an entity, this look-through rule would apply and it could still subject a taxpayer to the surcharge.\u201d<\/p>\n

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Trusts and LLCs offer not only anonymity from public records, but also a way to protect your assets from liabilities.<\/p>\n","protected":false},"author":1,"featured_media":4530,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[319],"tags":[],"class_list":["post-4531","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-taxes"],"yoast_head":"\nMamdani\u2019s pied-\u00e0-terre tax was designed to hit the wealthy, but it\u2019s sending most New Yorkers to their estate lawyers - Cross Country Moving Team<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/crosscountrymovingteams.com\/?p=4531\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Mamdani\u2019s pied-\u00e0-terre tax was designed to hit the wealthy, but it\u2019s sending most New Yorkers to their estate lawyers - 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