A buyer and seller in Georgia are negotiating which party will pay the deed transfer tax at closing. Which statement correctly describes the default rule and the parties' ability to modify it?
Correct Answer
D) The deed transfer tax is generally the responsibility of the grantor (seller) as the party executing the deed, but the parties may contractually agree to reallocate payment.
Under O.C.G.A. § 48-6-1, Georgia's real estate transfer tax is imposed when a deed is recorded, and the default responsibility falls on the grantor (the party executing the deed). However, Georgia law does not prohibit the parties from contractually agreeing that the buyer or another party will pay the tax. This reallocation is common in Georgia real estate transactions and is typically addressed in the purchase and sale agreement.
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More Ga Property Tax Questions
A Georgia homeowner's property has a fair market value of $220,000. She does not qualify for any floating homestead exemption and receives only the standard $25,000 homestead exemption (applied to fair market value before the 40% assessment ratio). If the county millage rate is 15 mills, what is her annual property tax?
A Georgia homeowner has been receiving the standard homestead exemption on her primary residence in Atlanta. She sells that home and moves permanently to a property she previously used as a vacation home in Rabun County. What must she do regarding her homestead exemption?
A seller paid the full annual property taxes of $3,650 on January 1st for the entire calendar year. The closing takes place on September 15th, and the seller is responsible for the day of closing. Using the 365-day method, what credit does the seller receive at closing for the buyer's share of the taxes?
A Georgia owner begins an ad valorem tax estimate with the property’s fair market value. What percentage of that value is generally used as the assessment basis under Georgia law?
Marcus is a real estate agent helping a client understand property tax roles in Georgia. Which entity is responsible for determining the fair market value of real property for ad valorem tax purposes?
- → An investment property in Georgia generates $48,000 in annual net operating income. Using the income approach with a 7% capitalization rate, an appraiser determines the property's fair market value. If the county assesses at 40% of fair market value and the total millage rate is 32.5 mills, what is the approximate annual ad valorem tax?
- → Sarah is purchasing a home in Fulton County for $285,000. The property will be financed with a new mortgage of $228,000. What is the total Georgia intangible recording tax due on this transaction?
- → Lisa is a real estate agent helping her client understand closing costs in Gwinnett County. Her client asks about the difference between transfer tax and intangible recording tax. What should Lisa explain?
- → Karen is representing a seller in a transaction where the buyer is paying cash with no financing. Which of the following taxes will NOT be due at this closing?
- → Which statement about Georgia property tax administration is NOT correct?
- → A commercial property in Clayton County has a fair market value of $500,000 and qualifies for a manufacturing exemption that reduces its assessed value by 25%. Using Georgia's 40% assessment ratio, and given millage rates of 15 mills (county), 6 mills (city), and 20 mills (school district), what is the property's annual tax liability after the exemption?
- → A property owner in Clayton County receives an assessment that appears incorrect. Which of the following would NOT be an appropriate basis for challenging the assessment under Georgia law?
- → In Georgia, one mill of property tax is equal to which of the following?
- → Which statement correctly describes how real property is assessed for ad valorem tax purposes in Georgia?
- → A residential property in Fulton County has an assessed value of $280,000. The county millage rate is 8.5 mills, the city millage rate is 12.2 mills, and the school district millage rate is 18.7 mills. What is the total annual ad valorem tax for this property?
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