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Under the Delaware Transfer Tax Act (30 Del. C. § 5401 et seq.), which of the following statements about the realty transfer tax is NOT accurate?

Correct Answer

C) The combined state and local transfer tax is always split equally between the buyer and the seller in every Delaware transaction.

The statement that the transfer tax is always split equally in every Delaware transaction is NOT accurate. While the 50/50 split between buyer and seller is the standard convention and the default in most transactions, the parties may negotiate a different allocation of the transfer tax in the purchase agreement. The split is a convention, not an immutable statutory requirement for all transactions.

Answer Options
A
The state imposes a transfer tax rate of 2.5% on the sale or transfer of real property.
B
Local jurisdictions may impose an additional transfer tax of up to 1.5% on top of the state rate.
C
The combined state and local transfer tax is always split equally between the buyer and the seller in every Delaware transaction.
D
The combined state and local transfer tax rate can reach a maximum of 4.0% of the purchase price.

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Related Topics & Key Terms

Key Terms:

realty_transfer_taxtransfer_tax_splitbuyer_seller_allocationdelaware_tax_convention

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