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Ga Property TaxTransfer_tax_and_intangible_recording_taxHARD

A buyer is acquiring replacement property in Georgia as part of a 1031 like-kind exchange. Which statement best describes how Georgia real estate transfer tax applies to this transaction?

Correct Answer

C) Georgia real estate transfer tax is still imposed on 1031 exchange transactions because the tax is triggered by the transfer of realty, not by the recognition of gain

Under O.C.G.A. § 48-6-1, Georgia real estate transfer tax is imposed on the transfer of realty for consideration. A 1031 exchange defers federal income tax on capital gains, but it does not affect Georgia transfer tax obligations because the tax is triggered by the conveyance of the deed for value, not by whether gain is recognized for income tax purposes. The transfer tax remains due at the standard rate of $1.00 per $1,000 of consideration.

Answer Options
A
Georgia law provides a blanket statutory exemption from real estate transfer tax for all 1031 exchanges
B
Transfer taxes apply at the standard rate, but the intangible recording tax is automatically waived for exchange properties
C
Georgia real estate transfer tax is still imposed on 1031 exchange transactions because the tax is triggered by the transfer of realty, not by the recognition of gain
D
Transfer tax is deferred until the replacement property is sold, mirroring the federal tax deferral treatment

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Related Topics & Key Terms

Key Terms:

1031_exchangetransfer_taxexemptionscounty_variation
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