Property Ownership
In New York, a property owner who transfers property to a family member for below-market consideration (a 'gift' with partial consideration) should understand that:
ANo transfer tax is owed because consideration was paid
BTransfer tax may be owed on the full market value (or a minimum transfer tax applies), and there may be gift tax implications✓ Correct
COnly the recipient pays taxes
DFamily transfers are fully exempt from all New York taxes
Explanation
New York's transfer tax applies to transfers for consideration. For below-market transfers, the tax is based on the consideration actually paid (or the minimum tax, whichever is higher). Additionally, if the transfer is a gift, federal gift tax rules may apply if the gift exceeds the annual exclusion. Certain family transfers may qualify for reduced rates, but complete exemptions are limited.
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