Sandra, a New Jersey resident, sells her home in Teaneck for $999,000. Her buyer, Kevin, tells his agent that he is relieved to be just under the $1,000,000 mansion tax threshold. Sandra's agent, however, notices that the contract also includes $15,000 worth of furniture and personal property that Kevin is purchasing separately in a side agreement. Which statement BEST describes the mansion tax risk in this transaction?
Correct Answer
C) If the total consideration for the transaction — including personal property — is deemed to be $1,014,000, the mansion tax of 1% could apply to the entire amount, triggering a $10,140 obligation for Kevin
This is an expert-level trap scenario. The New Jersey mansion tax is based on the total 'consideration' paid for the property. When parties structure a transaction to artificially keep the real estate contract price below $1,000,000 while simultaneously executing a separate side agreement for personal property, New Jersey tax authorities may aggregate the total consideration paid. If the combined total is $1,014,000 ($999,000 + $15,000), the mansion tax of 1% could apply to the entire $1,014,000 — not just the excess over $1,000,000 — resulting in a $10,140 obligation for Kevin. This practice of artificially splitting consideration is a known audit risk under the RTF Act.
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Related Topics & Key Terms
Key Terms:
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