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Commonly Asked Questions about LLC to Husband and Wife Deed Transfer

To transfer the land to the LLC the owner(s) must sign a deed and the deed must be recorded with the county recorder of the county in which the real estate is located.
Having both husband and wife owners of an LLC is possible. If they live in a common law state, then they are considered a partnership for federal tax purposes. While an individual owner is the only way to have a single-member LLC in most states, there is an exception when it comes to community property states.
If the value is $500,000 or less, the rate is 1.425% of the price. If the value is more than $500,000 the rate is 2.625%.
Purchase CEMAS Can Help Reduce Transfer Tax Rates in NYC A purchase CEMA, or a consolidation, extension, and modification agreement, is an agreement between the seller and buyer. The buyer agrees to assume the balance of the sellers mortgage and borrows any new money to make up the difference.
In the vast majority of real estate transactions, the seller pays the transfer taxes. The only real exception is in new developments where they are part of the negotiation (but still usually paid by the seller, especially in softer markets).
If the consideration is $500,000 or less, the rate is 1.425% of the consideration. If the consideration is more than $500,000 the rate is 2.625%
In New York, the seller of the property is typically the individual responsible for paying the real estate transfer tax. However, if the seller doesnt pay or is exempt from the tax, the buyer must pay.