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Ny Tax LawNyc_additional_taxesHARD

An institutional investor is acquiring a portfolio of rental properties in NYC through a single LLC. The transaction involves the sale of membership interests in the LLC rather than direct property transfers. How does this structure affect NYC transfer tax liability?

Correct Answer

D) NYC transfer tax applies to the fair market value of the underlying properties

NYC transfer tax applies to transfers of controlling interests in entities that own NYC real property. When 50% or more of an entity's interests are transferred, it's treated as a transfer of the underlying real property for tax purposes.

Answer Options
A
No NYC transfer tax is due since no real property is directly transferred
B
The tax applies only if the LLC owns more than 10 properties
C
Only a reduced rate applies since it's a business transaction
D
NYC transfer tax applies to the fair market value of the underlying properties

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Related Topics & Key Terms

Key Terms:

nyc_transfer_taxentity_transfercontrolling_interestanti_avoidance
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