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Ga Property TaxTransfer_tax_and_intangible_recording_taxHARD

A real estate attorney in Bibb County is preparing closing documents for a transaction where the buyer will assume the seller's existing mortgage and also obtain a home equity line of credit (HELOC) secured by the property. How should the intangible recording tax be calculated?

Correct Answer

D) Tax applies only to the HELOC since it's new debt being created

Intangible recording tax applies only to new debt being created and recorded. The assumed mortgage doesn't create new debt, so no tax is due on that amount. The HELOC creates new debt secured by real estate, so it's subject to the tax. Option A incorrectly includes assumed debt. Option C incorrectly excludes the HELOC. Option D incorrectly exempts all debt.

Answer Options
A
No tax is due since the primary financing is through assumption
B
Tax applies to both the assumed mortgage and HELOC amounts
C
Tax applies to the assumed mortgage only since the HELOC is not purchase financing
D
Tax applies only to the HELOC since it's new debt being created

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Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

intangible_recording_taxHELOCassumptionnew_debt
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