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.
Level up your investing with Pro
Explore exclusive tools and resources to start, grow, or optimize your portfolio.
~$5,000+ potential annual savings on vetted partner products
10+ deal analysis calculators with ready-to-share reports
Lawyer-reviewed leases for every state ($99/package value)
Pro badge for priority visibility in the Forums

Let's keep in touch

Subscribe to our newsletter for timely insights and actionable tips on your real estate journey.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions
×
Take Your Forum Experience
to the Next Level
Create a free account and join over 3 million investors sharing
their journeys and helping each other succeed.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
Already a member?  Login here
Followed Discussions Followed Categories Followed People Followed Locations
Tax, SDIRAs & Cost Segregation
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 6 years ago on . Most recent reply presented by

User Stats

534
Posts
709
Votes
Mark Miles
  • Rental Property Investor
  • Philadelphia, PA
709
Votes |
534
Posts

Avoiding transfer tax with transfer to LLC

Mark Miles
  • Rental Property Investor
  • Philadelphia, PA
Posted

I know a lot of people write on here about transferring title to an LLC after closing. I'm curious - is everyone paying the transfer tax when they do this? It's particularly onerous in Pennsylvania, which charges a transfer tax of 2-4% of the property's value, depending on which PA jurisdiction (I believe this to be one of the heftiest transfer taxes in the nation).

There are a few cases in which you don't need to pay the transfer tax, but transferring title from personal name to LLC is NOT one of those exceptions. According to (c)(1) below, if you were transferring the property into a living trust (per the St Germain Act), the transfer WOULD be exempt from transfer tax IF you were PERSONALLY listed as the beneficiary. If, however, your LLC (which is of course a separate entity from you personally) is the beneficiary (which is what you need in order to gain the desired asset protection), then you must indeed pay the transfer tax:

https://www.pacode.com/secure/data/061/chapter91/s91.156.html

Loading replies...