This is the online archived version of an afternoon session from the 29th Annual Tax Forum, co-sponsored by the NHSCPA held on 11-18-11.
Online seminars qualify for Live NHMCLE Credit.
The New Hampshire Real Estate Transfer Tax:
The Basics and A Litigation Update
New Hampshire Superior Courts have recently issued decisions addressing the application of the real estate transfer tax to transfers to limited liability companies involving interests in real estate and have found for the taxpayer on the basis that there was no “bargained-for exchange.” One case is on appeal to the New Hampshire Supreme Court. This presentation will analyze the basic structure of the real estate transfer tax statute as well as the specific provisions involved in the foregoing cases. In addition, the presentation will address the potential impact of these decisions on what constitutes a “bargained-for exchange” and a “contractual transfer,” as well as previous decisions in the First Berkshire and ZBH Realty cases.