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Pa Transfer TaxesPhiladelphia_tax_2pctMEDIUM

An estate executor in Philadelphia is selling a deceased person's home for $320,000. The estate sale is exempt from the Seller's Property Disclosure Statement. Is the sale also exempt from the realty transfer tax?

Correct Answer

B) No, while estate sales are exempt from the seller disclosure requirement, they are generally subject to the realty transfer tax

The seller disclosure exemption (68 Pa.C.S. §7304) and the transfer tax (72 P.S. §8102-C) are separate laws. While an estate sale by an executor is exempt from the seller disclosure, the transfer tax generally applies to the sale. Note that the initial transfer by will/intestacy is exempt from transfer tax, but a subsequent sale by the estate to a third party is typically taxable.

Answer Options
A
Yes, estate sales are exempt from both disclosure and transfer tax
B
No, while estate sales are exempt from the seller disclosure requirement, they are generally subject to the realty transfer tax
C
Yes, but only if the heirs agree to waive the exemption
D
No, but the estate pays a reduced rate of 2%

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Related Topics & Key Terms

Key Terms:

transfer_taxPhiladelphiaestate_saledisclosure_vs_tax_exemption

Related Concepts

Probate is the legal process by which a deceased person's will is validated by the court and their estate is administered, including the transfer of real property to the named beneficiaries or heirs.

A quitclaim deed transfers whatever interest the grantor may have in a property without making any warranties or guarantees about the quality of title. It offers the least protection to the grantee.

Recording is the act of placing a document in the public records at the county recorder's office to give constructive notice to the world of an interest in real property. Recording protects the holder's interest against subsequent claims.

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