[WSBARP] Deed from Divorce

[nestor at pplsweb.com]

Under WAC 458-61A-203 deeds from a divorce decree are exempt. DOR advised me
that if there is any additional consideration or payment of monies between
spouses for the deed excise tax is due. The PSA has the transferee spouse
being awarded the property but then later it states that the transferee
spouse is to pay an "equalizing payment" upon refinance in the amount of
$100,000. The transferee will be refinancing in about 2 weeks after the
decree is signed.  

 

If we record the deed and no money changes hands and then later he
refinances where he pays the former spouse, will DOR claw back the excise
tax? 

 

 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

 

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