A PA property owner places their property into an irrevocable trust where they are NOT a beneficiary. The trust is for the benefit of their children. Under 72 P.S. §8102-C.3, is the transfer tax due?
Correct Answer
A) Yes, because the grantor does not retain beneficial ownership, this transfer may be subject to the transfer tax
Unlike a transfer to a revocable trust where the grantor is the beneficiary, a transfer to an irrevocable trust where the grantor is NOT a beneficiary constitutes a change in beneficial ownership. This transfer may be subject to the realty transfer tax.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Adverse possession is a legal doctrine that allows a person to claim ownership of land by occupying it continuously for a statutory period under specific conditions, without the true owner's permission.
A bargain and sale deed implies that the grantor holds title and possession of the property but does not include warranties against encumbrances or title defects.
The chain of title is the sequential history of all transfers of ownership for a specific property, from the original source (typically a government patent or grant) to the present owner. An unbroken chain is essential for marketable title.
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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