A real estate attorney in Philadelphia is closing a transaction. The parties disagree about who should pay the transfer tax. The contract is silent on the allocation. Under PA law, what is the default rule?
Correct Answer
D) Both parties are jointly and severally liable, meaning either party may be required to pay the full amount, though the customary split is 50/50
Under PA law, both the buyer and seller are jointly and severally liable for the transfer tax. When the contract is silent, the customary practice is a 50/50 split, but either party can be held responsible for the full amount by the taxing authority.
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More Pa Transfer Taxes Questions
A real estate licensee working in Philadelphia must be aware that the city's transfer tax rate is different from the rest of Pennsylvania. What is the approximate total transfer tax rate (state + Philadelphia local) that applies in Philadelphia?
A buyer in Philadelphia purchases a property for $225,000. The total transfer tax rate is 4.278%. The buyer uses an FHA loan requiring a 3.5% down payment. The transfer tax is calculated on the sale price, not the loan amount. If split equally, what is the buyer's transfer tax?
A buyer in Philadelphia asks their agent whether the high transfer tax can be financed into the mortgage. What is the correct advice?
A government agency in Pennsylvania (e.g., a redevelopment authority) is selling a property to a private buyer. Is the transfer tax due on this sale?
A PA property sells for $460,000 with a total 2% transfer tax. The contract requires the seller to pay 60% and the buyer to pay 40%. What is the seller's transfer tax payment?
- → A homeowner in Philadelphia converts their primary residence to a rental property and then sells it two years later. The transfer tax rate in Philadelphia remains 4.278% regardless of property use. Does the conversion to rental affect the transfer tax?
- → What is the combined typical total realty transfer tax rate (state + local) in most Pennsylvania counties outside of Philadelphia?
- → A duplex in Dauphin County, PA sells for $310,000. The total transfer tax rate is 2%. The seller agrees to pay 60% of the total tax and the buyer pays 40%. What is the buyer's transfer tax obligation?
- → When a buyer in Pennsylvania is comparing transfer tax costs between two properties in different municipalities, what should the buyer's agent advise?
- → In PA, when a property sale includes a seller credit for repairs, does the credit reduce the transfer tax base?
- → A condo unit in Lehigh County, PA sells for $195,000. The total transfer tax rate is 2%. If split equally between buyer and seller, what does each party pay?
- → Under PA transfer tax law, local transfer tax revenue is used by local governments for all of the following purposes EXCEPT:
- → A property in a Pennsylvania municipality with a total 2% transfer tax (1% state + 1% local) sells for $425,000. The local 1% is split with 0.5% going to the county and 0.5% going to the municipality. How much does each local entity receive?
- → A property in a PA municipality with a total 2.5% transfer tax rate (1% state + 1.5% local) sells for $600,000. The parties split the tax equally. What is each party's transfer tax obligation?
- → A PA buyer is purchasing a property where the municipality has a 0.75% transfer tax and the county has a 0.5% transfer tax. The state tax is 1%. What is the total transfer tax rate?
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