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Ga Property TaxTransfer_tax_and_intangible_recording_taxMEDIUM

A buyer in Georgia is financing $320,000 of a $400,000 purchase with a new first mortgage. How is the intangible recording tax on the buyer's note determined?

Correct Answer

A) The tax is $1.50 per $500 (or fraction thereof) of the $320,000 note amount, subject to a maximum cap of $25,000 on a single note.

Under O.C.G.A. § 48-6-61, Georgia's intangible recording tax is levied at $1.50 for each $500.00 (equivalent to $3.00 per $1,000) of the face amount of the note secured by real property—here, the $320,000 loan amount. The statute also imposes a maximum tax of $25,000 on any single note. The tax is collected by the clerk of superior court at the time the security deed is recorded and is typically passed through to the borrower at closing.

Answer Options
A
The tax is $1.50 per $500 (or fraction thereof) of the $320,000 note amount, subject to a maximum cap of $25,000 on a single note.
B
The tax is $1.50 per $500 of the $400,000 sale price, with no statutory maximum.
C
The tax is $1.00 per $1,000 of the $320,000 note amount, using the same rate as the deed transfer tax.
D
The tax is $3.00 per $1,000 of the $400,000 sale price, collected by the Georgia Department of Revenue at closing.

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Key Terms:

georgiastate_portiontransfer_tax_and_intangible_recording_taxga_property_tax
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