(b) A recording officer shall not record an instrument effecting a conveyance unless one of the following conditions is satisfied:
- (1) the instrument is accompanied by a receipt issued by the commissioner pursuant to subdivision (c) of section fourteen hundred twenty-three of this article; or
- (2) the return required by section fourteen hundred nine of this article has been filed and the real estate transfer tax due, if any, shall have been paid as provided in this section.