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Home > Law > Real Estate Law   »   reducing taxes

 
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Old Dec 21, 2006, 09:08 AM
Brendacioe
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reducing taxes

It is true that if a spouse writes a new warranty deed and adds his or her spouse to it that the WD can be written for a lesser amount that the property value and so in turn taxes are reduced...and if so what type of negative results could that have on the property value?

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Old Dec 21, 2006, 09:23 AM   #2  
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Quote:
Originally Posted by Brendacioe
It is true that if a spouse writes a new warranty deed and adds his or her spouse to it that the WD can be written for a lesser amount that the property value and so in turn taxes are reduced...and if so what type of negative results could that have on the property value?
NO - taxes are assessed via municipality not by the amount on the deed. Amount on the deed relates to the conveyance or transfer tax paid on the recording of the deed - nothing else.

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Brendacioe agrees: helps make sense of what I am reading and trying so hard to figure out, thank you
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Old Dec 21, 2006, 10:03 AM   #3  
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well I am reading that in 2001 husband on ly on WD then 2004 husband the grantor to himself AND now his wife BUT the WD says $25k and it was 79k in 2001 so if taxes are based on municipality why would WD read 25k if not for tax advantage?
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Old Dec 21, 2006, 10:53 AM   #4  
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You would have to ask the husband. Generally a value is not entered on a deed. But Cville is right that property taxes are based on a formula used by the taxing district not anything on the deed. Even when put up for sale, capital gains are based on purchase vs sale prices.
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Old Dec 21, 2006, 11:09 AM   #5  
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It could have been done that way to reduce transfer taxes, not property taxes. In NJ the county gets paid a tax each time a deed is recorded, called the Realty Transfer Fee, that is a percentage of the price listed in the deed. Your state may have something similar.
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Old Dec 22, 2006, 07:16 AM   #6  
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What LisaB said...the TRANSFER/CONVEYANCE tax is paid ONE TIME when deed is recorded on the sale/transfer of the property title...property taxes are annual taxes based on the assessed value - you are mixing apples and oranges.

Usually when there is just a name change on a deed it is noted that the transfer is a GIFT so there is no conveyance tax AT ALL.
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