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Updated over 6 years ago on . Most recent reply

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Vidit S.
  • Rental Property Investor
  • New York
15
Votes |
78
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Transfer tax if I do it to a land trust with self as beneficiary

Vidit S.
  • Rental Property Investor
  • New York
Posted

Hi,

   I have done extensive research on this but still not able to have clarity on this so hoping the PA forum might be able to help. Me and two other friends are getting a loan to buy a rental property that we intend to transfer to a land trust with one of us as a beneficiary at some point in future. We will still stay on the loan. 

So far I understand that if the property is transferred to one of us as a beneficiary in the land/grantor trust then PA still charges a transfer tax.

So 

1) Is that true that there will still be a transfer tax even if transferring property to myself as a beneficiary in a land trust or I got wrong info?

2) If it is then is there a way around it like getting the property directly in a land trust if the lender agrees? Do the lenders agree?

3) Is there any other way that I should look further into?

Most Popular Reply

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Josh Caldwell
  • Investor
  • Dallas TX, United States
1,087
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1,351
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Josh Caldwell
  • Investor
  • Dallas TX, United States
Replied

This is a tricky situation in PA.  There shouldn't be a transfer tax by state law, but the state will charge you a transfer tax anyway. Then they will lien your property for 7 years when you refuse to pay.  I know that sounds really stupid but that is the way it works. The lien falls off after 7 years.  I have had multiple lawyers involved in this process and it always ends the same way. 

The workaround is to buy the property in trust in the first place. 

I hope that helps

Josh 

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