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A Vermont farmer enrolls 150 acres of forestland in Vermont's Current Use Program (Use Value Appraisal) under 32 V.S.A. Chapter 124. He later sells the property to a developer who plans to convert the land to a residential subdivision. Which of the following best describes the tax consequence triggered by this change in use?

Correct Answer

D) A land use change tax is triggered upon withdrawal from the Current Use Program, based on the fair market value of the land.

Under 32 V.S.A. Chapter 124, when land enrolled in Vermont's Current Use Program (Use Value Appraisal) is withdrawn from the program — whether due to a change of use, development, or voluntary withdrawal — a land use change tax is triggered. This tax is calculated as a percentage of the fair market value of the land at the time of withdrawal. The tax is designed to recapture some of the property tax savings the landowner received while enrolled. The enrollment runs with the land, but development or a change in qualifying use triggers the tax.

Answer Options
A
The developer must pay the Vermont Property Transfer Tax at the enhanced rate of 1.25% on the full sale price.
B
No additional tax is triggered because the Current Use enrollment transfers automatically to the new owner.
C
The seller must pay the Vermont Land Gains Tax on the full appreciation since the property was first enrolled in the program.
D
A land use change tax is triggered upon withdrawal from the Current Use Program, based on the fair market value of the land.

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Related Topics & Key Terms

Key Terms:

current_use_programuse_value_appraisalland_use_change_taxforestlandenrollment

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