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A property is being transferred in Georgia, and the buyer is assuming the seller's existing mortgage debt of $275,000 as the sole consideration for the conveyance. No additional cash is exchanged between the parties. How is the Georgia real estate transfer tax calculated in this transaction?

Correct Answer

B) Transfer tax is due based on the $275,000 debt assumption as consideration

Under O.C.G.A. § 48-6-1, Georgia real estate transfer tax is imposed on the actual consideration paid for the property. Debt assumption qualifies as consideration under the statute. Therefore, the $275,000 assumed mortgage debt is the taxable consideration, and the transfer tax of $1.00 per $1,000 is calculated on that amount.

Answer Options
A
No transfer tax is due because no cash changed hands in the transaction
B
Transfer tax is due based on the $275,000 debt assumption as consideration
C
Transfer tax is due based on the fair market value of the property rather than the debt assumed
D
Transfer tax is due only on the portion of the debt assumption that exceeds the original purchase price of the property

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Related Topics & Key Terms

Key Terms:

deed_in_lieudebt_assumptionconsiderationforeclosure_alternative
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