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A Washington homeowner transfers her rental property to her wholly owned LLC without receiving any payment. The deed is recorded. Which statement most accurately describes the REET treatment of this transfer?

Correct Answer

B) REET may still apply because Washington taxes certain transfers to legal entities, even without cash consideration

Under RCW 82.45, Washington's REET can apply to transfers of real property to legal entities such as LLCs, even when no cash consideration is paid, if the transfer involves a change in beneficial ownership. Transfers to wholly owned entities where the same individual retains 100% beneficial ownership may qualify for an exemption, but the analysis depends on the specific facts and whether the statutory exemption conditions are met. Candidates must recognize that the absence of cash consideration alone does not automatically exempt a transfer from REET in Washington.

Answer Options
A
No REET is owed because no money changed hands in the transaction
B
REET may still apply because Washington taxes certain transfers to legal entities, even without cash consideration
C
REET is automatically waived for all transfers to single-member LLCs under RCW 82.45
D
REET is owed only if the LLC later sells the property to a third party within two years

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Related Topics & Key Terms

Key Terms:

reetllc_transferbeneficial_ownershipno_considerationrcw_82_45

Related Concepts

The income approach estimates a property's value based on the income it generates by converting net operating income into a value estimate using a capitalization rate. It is the preferred method for income-producing properties.

Many states have laws to limit how much property taxes can increase each year, regardless of market value fluctuations.

Various programs and exemptions exist to reduce the property tax burden for specific groups, such as seniors, homesteaders, or veterans.

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