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FinancingTransfer_taxesHARD

A Tennessee county government acquires a privately owned parcel through a negotiated purchase for $750,000 to use as a public park. The seller's agent asks whether the Tennessee realty transfer tax applies. Which of the following correctly states how the transfer tax applies to this transaction under Tenn. Code Ann. § 67-4-409?

Correct Answer

C) The transfer is exempt from the Tennessee realty transfer tax because the buyer is a government entity

Under Tenn. Code Ann. § 67-4-409, transfers to government entities are exempt from the Tennessee realty transfer tax. Because the buyer in this transaction is a Tennessee county government, the transfer qualifies for the government entity exemption regardless of the purchase price or the fact that consideration is being exchanged. The exemption applies to the transaction itself, not just to one party.

Answer Options
A
The full transfer tax of $0.37 per $100 applies because a deed is being recorded and consideration is exchanged
B
The transfer tax is waived only if the county pays less than fair market value for the property
C
The transfer is exempt from the Tennessee realty transfer tax because the buyer is a government entity
D
The transfer tax applies to the seller but not to the county because government entities cannot be taxed

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Related Topics & Key Terms

Key Terms:

transfer_taxgovernment_exemptionexpert_traptennessee_specific

Related Concepts

A conventional loan is a mortgage that is not insured or guaranteed by a government agency such as the FHA, VA, or USDA. It is originated and funded by private lenders and may be conforming or non-conforming.

The debt-to-income ratio (DTI) compares a borrower's monthly debt obligations to their gross monthly income. It is used by lenders to determine how much mortgage a borrower can afford.

In the context of foreclosure, a deed transfers ownership of the foreclosed property to the new owner, typically the buyer at a foreclosure sale.

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