Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
General Real Estate Investing
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 7 years ago on . Most recent reply

User Stats

158
Posts
98
Votes
Karen Johnson
  • Investor
  • AMBLER, PA
98
Votes |
158
Posts

Transfer Tax in Family Transaction (Philadelphia, PA)

Karen Johnson
  • Investor
  • AMBLER, PA
Posted

Hello,

I'm hoping someone can clarify this for me as I've gotten conflicting information. 

Scenario: Husband and Wife purchasing home that is owned by Husband's Grandmother, Mother and Uncle jointly (each have 1/3 interest and all 3 are on the deed).

My understanding:

Husband and Wife are considered a single entity for purpose of this transaction. No transfer tax is owed on 2/3rds of the property owned by Husband's Grandmother and Mother. Transfer tax is owed on 1/3rd of the property owned by Husband's Uncle as there is not a direct lineage.

Conflicting information I've received:

*Additional* transfer tax is owed if Wife is on the agreement of sale and deed transfer, but avoided if Wife  is left off the transaction and added to the deed at some later point in time.

I understand and accept the usual disclaimers (consult a lawyer, not legal advice, etc.), and would appreciate any comments on this issue. I did try to find the answer to my question (and plan on seeking legal consult), but I thought it best to ask here as well.

Thanks!

Most Popular Reply

User Stats

344
Posts
276
Votes
Paulette Midgette
  • Investor
  • Philadelphia, PA
276
Votes |
344
Posts
Paulette Midgette
  • Investor
  • Philadelphia, PA
Replied

Hello @Karen Johnson, in addition to what @Ethan Giller provided.  Below is another link.  It talks about how and when to pay the transfer tax but it also includes a summary of the exemptions.

https://beta.phila.gov/services/payments-assistance-taxes/property-taxes/realty-transfer-tax/

My guess is your first stop of the Phila.gov website, so forgive if I am giving you something you already have.

Loading replies...