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A Vermont farmland owner has had 150 acres enrolled in the Vermont Current Use Program for the past 12 years. A developer offers to purchase the property and immediately convert it to a residential subdivision. Which statement best describes the tax consequence that will occur at closing as a result of the Current Use enrollment?

Correct Answer

D) A land use change tax will be triggered upon withdrawal of the property from the Current Use Program

Under 32 V.S.A. Chapter 124, when land enrolled in Vermont's Current Use Program (Use Value Appraisal) is withdrawn from enrollment or converted to a non-qualifying use, a land use change tax is triggered. This tax is assessed on the difference between the use value and the fair market value of the land at the time of change. The conversion to a residential subdivision constitutes a withdrawal from the program, and the land use change tax will be owed regardless of how long the property has been enrolled.

Answer Options
A
No additional tax is owed because the property has been enrolled for more than six years
B
The buyer will owe Vermont Property Transfer Tax at the fair market value rate of 1.25% on the full purchase price
C
The seller will owe Vermont Land Gains Tax because the property is being sold within six years of enrollment
D
A land use change tax will be triggered upon withdrawal of the property from the Current Use Program

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Related Topics & Key Terms

Key Terms:

current_use_programland_use_change_taxuse_value_appraisalfarmlandvermont_specific

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