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Under New Hampshire's Real Estate Transfer Tax (RSA Chapter 78-B), all of the following transactions are generally subject to the transfer tax EXCEPT:

Correct Answer

D) A transfer of real property between spouses as part of a divorce settlement for no monetary consideration

Under RSA 78-B:2, certain transfers are exempt from the New Hampshire Real Estate Transfer Tax. Transfers between spouses — including those made pursuant to a divorce decree or separation agreement — are among the recognized exemptions when there is no monetary consideration or the transfer is made to effectuate a property settlement. Because the transfer in option C involves no monetary consideration and occurs between spouses as part of a divorce settlement, it qualifies for the exemption from the transfer tax.

Answer Options
A
A commercial property transferred as part of a business sale for $1,200,000
B
A sale of a vacant lot by an individual seller to a real estate developer for $95,000
C
A sale of a single-family home between two unrelated private parties for $320,000
D
A transfer of real property between spouses as part of a divorce settlement for no monetary consideration

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Related Topics & Key Terms

Key Terms:

transfer_taxrsa_78bexemptionsdivorce_transferreverse_question

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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