Susan is transferring her Brookline investment property valued at $900,000 to her adult son for $1 as a gift deed. The Registry of Deeds clerk informs Susan that the deed excise tax will be calculated on the full $900,000 fair market value, not on the $1 stated consideration. Which of the following best explains why the Registry of Deeds takes this position?
Correct Answer
D) Massachusetts law requires that all deeds be taxed on the higher of the stated consideration or the fair market value to prevent tax avoidance on nominal or below-market transfers.
Under MGL Chapter 64D and related Massachusetts Department of Revenue guidance, when the consideration stated in a deed is nominal or clearly below fair market value (such as a $1 gift deed), the deed excise tax is assessed on the greater of the stated consideration or the fair market value of the property. This rule exists specifically to prevent tax avoidance through artificially low stated prices on deeds. The Registry of Deeds is correct to apply the $900,000 fair market value as the tax base.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Highest and best use is an appraisal concept that identifies the most profitable, legally permitted, physically possible, and financially feasible use of a property. It is the foundation of all property valuation.
Homestead portability allows homeowners to transfer a portion of their accumulated homestead tax savings to a new homestead in the same state.
The income approach estimates a property's value based on the income it generates by converting net operating income into a value estimate using a capitalization rate. It is the preferred method for income-producing properties.
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