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.
More Valuation Questions
Maria owns a home in Boise, Idaho that serves as her primary residence. She wants to reduce her property tax burden by taking advantage of Idaho's homeowner exemption. Under Idaho law, what is the maximum amount of assessed value that can be exempted from property taxation under the homeowner's exemption?
A New Hampshire licensee is listing a 75-acre parcel that has been in the Current Use program for 15 years. The seller informs the licensee that he enrolled the land himself and has never paid a Current Use enrollment fee. The buyer intends to keep the land as open space and wants to maintain its Current Use status after closing. Which of the following statements most accurately describes the situation the licensee must disclose and advise upon?
Leilani is a licensed Hawaii real estate salesperson helping a buyer purchase a property registered in the Land Court system in Honolulu. When discussing property taxes, the buyer asks whether the Land Court registration of the property affects how it is assessed for property tax purposes compared to a property in the Regular System (Bureau of Conveyances). Which response is most accurate?
A homeowner in Portland receives her annual property tax statement. The county assessor lists her property's Real Market Value (RMV) at $480,000 and her Maximum Assessed Value (MAV) at $310,000. Which value will the county use to calculate her property tax bill?
Highest and best use means the use that is:
- → Dorothy, age 72, owns her home in Henrico County, Virginia. Her annual household income is $28,000 and her net worth (excluding her home) is $85,000. She applies for Virginia's elderly and disabled property tax relief program. Which statement best describes how Virginia's program works?
- → Which formula best represents the cost approach to appraisal?
- → Which appraisal method is most commonly used for residential properties and relies on recent sales of comparable properties?
- → The sales comparison approach to appraisal is most commonly used for which type of property?
- → Susan sells her luxury waterfront home in Kirkland for $2,000,000. Using Washington's current graduated state REET schedule under RCW 82.45 (1.1% on the first $525,000; 1.28% on the portion from $525,000.01 to $1,525,000; 2.75% on the portion from $1,525,000.01 to $3,025,000; 3% above $3,025,000), what is the state REET owed on this sale (excluding any local REET)?
- → James owns a farm in rural Tennessee that qualifies for the Greenbelt Law. Under Tennessee's Greenbelt Law, how is agricultural land assessed for property tax purposes?
- → Highest and best use:
- → The sales comparison approach adjusts for differences by:
- → In the sales comparison approach to appraisal, adjustments are made to which properties?
- → The market approach (sales comparison approach) to property valuation is most reliable for:
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