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Pa Transfer TaxesState_tax_1pctMEDIUM

A Pennsylvania property owner transfers real property to their LLC for asset protection purposes. The owner is the sole member of the LLC. Under 72 P.S. §8102-C.3, is the realty transfer tax due on this transfer?

Correct Answer

B) No, because the transfer to a wholly-owned LLC where the owner retains 100% beneficial interest may be exempt

Under 72 P.S. §8102-C.3, transfers where there is no change in beneficial ownership may be exempt from the transfer tax. A transfer to a single-member LLC where the owner retains 100% beneficial interest generally qualifies for this exemption.

Answer Options
A
Yes, because the property is being transferred to a separate legal entity
B
No, because the transfer to a wholly-owned LLC where the owner retains 100% beneficial interest may be exempt
C
Yes, but at a reduced rate of 0.5%
D
No, but only if the LLC was formed more than 5 years ago

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Related Topics & Key Terms

Key Terms:

transfer_taxLLC_transferbeneficial_ownershipexemption

Related Concepts

A transfer tax is a tax imposed by state, county, or local government on the transfer of real property from one owner to another. It is typically based on the sale price or a flat rate per dollar of consideration.

An abstract of title is a condensed history of all recorded documents and proceedings that affect the title to a specific parcel of real property. It is a summary, not a guarantee, of title condition.

Actual notice means a person has direct, personal knowledge of a fact or interest in real property. This can come from being told, seeing something firsthand, or any form of direct awareness.

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