Stamp Tax

For those who thought that the American Revolution was fought to escape this type of tax, it still exists and is collected in many states by the sale of stamps that are required to be attached to certain transaction documents such as deeds or mortgages before the documents may be recorded.?Transfers under a confirmed Chapter 11 plan may not be taxed under any law imposing a stamp tax or “similar” tax under Section 1146(a) (see Transfer Tax). But purchasers in Section 363 bankruptcy sales have attempted to expand Section 1146(a), with some controversy, to sales occurring before a Chapter 11 plan is filed or confirmed, arguing that such a sale is in contemplation of a Chapter 11 plan.

Bankruptcy Code § 1146(a). See also Transfer Tax.

Email Term