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Ga Property TaxTransfer_tax_and_intangible_recording_taxMEDIUM

A buyer purchases a home for $400,000 and finances $320,000 with a new mortgage. When calculating the taxes due at closing, which statement correctly describes how Georgia's deed transfer tax and intangible recording tax should be handled?

Correct Answer

C) The deed transfer tax must be calculated on the $400,000 sale price, and the intangible recording tax must be calculated separately on the $320,000 note amount.

Under Georgia law, the deed transfer tax (O.C.G.A. § 48-6-1) and the intangible recording tax (O.C.G.A. § 48-6-61) are two separate taxes with distinct bases. The deed transfer tax is $1.00 per $1,000 of the sale price (consideration in the deed). The intangible recording tax is $1.50 per $500 (or $3.00 per $1,000) of the face amount of the new mortgage note. These must always be calculated separately using their respective bases.

Answer Options
A
The deed transfer tax should be calculated on the $320,000 loan amount rather than on the $400,000 sale price.
B
Georgia's intangible recording tax on the note is assessed at $0.25 per $1,000 of the sale price.
C
The deed transfer tax must be calculated on the $400,000 sale price, and the intangible recording tax must be calculated separately on the $320,000 note amount.
D
The intangible recording tax is calculated on the $400,000 sale price rather than on the face amount of the promissory note.

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Key Terms:

georgiastate_portiontransfer_tax_and_intangible_recording_taxga_property_tax
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