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Pa Transfer TaxesTax_exemptions_calculationsHARD

A PA property owner conveys their property to a family limited partnership (FLP). The owner retains a 1% general partner interest and gifts the 99% limited partnership interest to their children. Is the transfer tax due?

Correct Answer

B) The initial transfer to the FLP may be exempt if the owner retains beneficial ownership, but the subsequent gift of 99% limited partnership interests may trigger the transfer tax

The initial transfer to the FLP where the owner retains 100% beneficial ownership may be exempt. However, the subsequent gift of 99% of the limited partnership interests to the children constitutes a change in beneficial ownership that may trigger the transfer tax, as the 90% threshold is exceeded.

Answer Options
A
No, because the owner retains a general partner interest
B
The initial transfer to the FLP may be exempt if the owner retains beneficial ownership, but the subsequent gift of 99% limited partnership interests may trigger the transfer tax
C
Yes, the full tax applies immediately
D
No, because the children received the interests as gifts

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Related Topics & Key Terms

Key Terms:

transfer_taxfamily_limited_partnership90_percentbeneficial_ownership_change

Related Concepts

Marketable title is title that is free from reasonable doubt as to who the owner is and free from liens, encumbrances, or defects that would cause a reasonable buyer to hesitate before purchasing. It is also known as merchantable title.

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.

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