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Ga Property TaxTransfer_tax_and_intangible_recording_taxHARD

A Georgia licensee is preparing a closing statement that includes both a deed transfer tax and an intangible recording tax. Which statement correctly describes how these two charges relate to each other?

Correct Answer

D) The deed transfer tax and the intangible recording tax arise from different instruments, use different bases, and are calculated with different formulas.

Georgia imposes two separate charges at closing: the real estate transfer tax (O.C.G.A. § 48-6-1) is based on the property's sale price at $1.00 per $1,000, while the intangible recording tax (O.C.G.A. § 48-6-61) is based on the face amount of the new note secured by real property at $1.50 per $500 ($3.00 per $1,000). Because they arise from different instruments (the deed vs. the promissory note/security deed), have different tax bases, and use different rate structures, they must be calculated separately.

Answer Options
A
Both charges use the property's sale price as the tax base, differing only in the rate applied.
B
Both charges are calculated using the same rate per $500 increment, but they apply to different base amounts.
C
The intangible recording tax is assessed on the sale price, while the deed transfer tax is assessed on the loan amount.
D
The deed transfer tax and the intangible recording tax arise from different instruments, use different bases, and are calculated with different formulas.

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Related Topics & Key Terms

Key Terms:

georgiastate_portiontransfer_tax_and_intangible_recording_taxga_property_tax
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