Audit services only available at participating offices. A gift given by one spouse to the other during the marriage is considered "separate" (owned separately), not "marital" (mutually-owned) property. Terms and conditions apply; see. At the time of this writing, a gift to someone other than a spouse worth more than $15,000 in a single year can incur gift and inheritance taxes. Share what your voice say and get paid. "Contracts 101Warranty vs Quitclaim Deeds." Certain tax consequences are involved during this process. Fees for title companies vary, but a market scan shows an average of $100 to $200 for a simple quitclaim deed. How do I change the last name on my house title? Using a quit claim deed is often the simplest method of bringing on another owner. However, if the value of the gift exceeds the annual exclusion amount, you, as the donor, must file a gift tax return (Form 709) to report the gift. Creating a whole new deed with rights of survivorship sidesteps this problem. Filing and recording the transfer on death deed is fast, simple, and very inexpensive (especially compared to the living trust and last will options). 1. Transfer taxes will depend on where you live and if the transfer of the deed is a sale, such as if you were selling your home. DE, HI and VT do not support part-year/nonresident individual forms. Approval and loan amount based on expected refund amount, eligibility criteria, and underwriting. The IRS allows you to give $16,000 (for 2022) annually to anyone you like, tax-free. One such disadvantage is due to tax implications. As long as you are alive, the ownership of the property is still under you. It is a state-imposed tax that is paid when receiving money or property from a deceased persons estate. The consequences of this action might be far too hard to comprehend until you are faced with legal battles. Adding a family member to the deed while retaining a right to use the home exclusively for the rest of your life has different tax consequences. is not a blood relative, theres a high likelihood that the change will trigger In case you still have an outstanding mortgage, it is important to talk to your lender before adding someone to a deed. Yes. The no-nupgoverns what happens to Use the wrong wording and the property will be under probate upon your death. When you add someone to your deed, the IRS sees it as a gift. Adding a family member to the deed as a joint owner for no consideration is considered a gift of 50% of the propertys fair market value for tax purposes. An owner may want to add a name to the property title for a variety of reasons, such as marriage. This can be an effective option ifavoiding probate of your estate is your primary goal. While you may think you can fly under the radar withreal estate transactions, this is not the case. Keep in mind that while you are alive, TOD Deeds have no impact on, nor benefit for that matter, for your beneficiary. Once it's done, you can't take it back unless the person you've added provides consent to be removed from the deed. File a federal gift tax return on IRS Form 709to report the gift to the IRS if the share of the property is valued at more than $16,000 and you gift it in 2022. Intuit TurboTax: The Gift Tax Made Simple, IRS: Form 709, United States Gift (and Generation-Skipping Transfer) Tax Return. equally responsible for property tax payments. But if you add them to your deed before you die, their tax basis will be $100,000 - the same as yours. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. So, if only your spouse is on a mortgage, you are not necessarily on the title, automatically or otherwise. Actually, what is taxed as a gift is any amount above $15,000. We include the supplemental forms a state or county recorder requires. Adding someone to the existing deed means that they will not have survivorship rights. That means if they sell the house now they will pay tax on $200,000 in capital gain . home does not have a mortgage. A Owning property jointly with your children or another beneficiary is a common method used to avoidprobate. Your married adult child creates another potential problem. The stamp duty is typically in the range of 5-12.5% of the market value of the property (varies in different states), while the registration charge is about 1%. risks and potential frustrations. Fla Stat. Cookies collect information about your preferences and your devices and are used to make the site work as you expect it to, to understand how you interact with the site, and to show advertisements that are targeted to your interests. Make sure you fully understand the implications and consequences before you sign on the dotted line. In 2022, the estate tax exemption is $12.06 million dollars. When you add someone to your deed, the IRS considers this transfer a gift from you, which is subject to the gift tax. This situation results in the creation of a life estate, which is discussed next. control. This can tie up the property in unintended ways. Sale Deed. ", Lake County, Illinois. Each state has established specific rules and regulations regarding deed transfers. As discussed earlier, you will not likely owe any gift tax if you have not yet used up your unified gift and estate tax exemption. Our finance columns have been reprinted on MSN, Yahoo Finance, US News, Business Insider, Money Magazine, and Time Magazine. Although you can avoid many of these problems by using a beneficiary deed, the option to do so might not be available where you live. Can I add my spouse to my mortgage without refinancing? Accessed Aug. 13, 2020. judgment against the additional title holder can put the home at risk. State laws can be very specific about how a deed must be worded to create rights of survivorship, and these forms and software aren't always state-specific. Next, we'll apply the estate tax exemption, and Sam and Morgan won't pay any taxes on the transfer. Estates valued under that threshold do not pay estate tax and no IRS filing is required. There are joint tenancy and tenants in common. If you don't have assets that total to that amount, you should be safe from owing taxes on gifts in your lifetime. Gifts that exceed this amount are subject to the gift tax. A quitclaim deed will work for this; however you should be aware of the potential tax implications of adding someone to a deed. A passport that doesnt have a date of entry wont be accepted as a stand-alone identification document for dependents. An You might wish to add another personperhaps an intimate friend or a family member. To take anyone from the deed once you have added them, you will have to get their consent. Payroll, unemployment, government benefits and other direct deposit funds are available on effective date of settlement with provider. Disclaimer: The links and mentions on this site may be affiliate links. Increase If you want to give someone a legal stake in your home, such as a spouse, a parent or a child, you don't have to add this person as a co-borrower on the mortgage. Click here for instructions on how to enable JavaScript in your browser. best-case scenario, most anything major you want to do with your property will All Rights Reserved. Be an influencer. California State Board of Equalization. Weve all There are major disadvantages to adding your children directly to your deed, and is not recommended. Tax returns may be e-filed without applying for this loan. However, some of the links provided belong to our affiliate partners and we get paid for it. There are so many hidden risks and pitfalls to adding someone to the deed. If you're able to use a beneficiary deed, the estate tax involved with transferring the property that way would be covered by the same lifetime exemption. Why? Assuming a 50% tax rate, Raj's estate would owe $43,750 in income taxes . Because your house was a trust asset, your child will still avoid probate. whenyou decideto convey an interest in the property. The laws of the state where the property is physically located are those that prevail. And you have the right to do it. It can be found on past tax statements. If he fails to pay taxes and incurs a tax lien, has problems with creditors, or goes through a nasty divorce, the IRS, his creditors, or his ex-spouse can lay claim to your home, or at least to his portion. But in many cases, you won't have to pay any taxes. It doesn't become part of your probate estate because it passes directly to them by operation of law when you're no longer alive to co-own the property with them. How Do I Add Someone to the Title of My Property? The new person acquiring an interest in the property would also be a grantee. "Article 6. Sign up to our newsletter and get the inside scoop. Again, probably not what you have in mind 10 Simple Things College Students can do to Save Money, Budgeting Tips for Low-Income Families in 2019, Gift Me Some Love, Baby! Selling Gifted Real Estate Can Have Capital Gains Tax Consequences. Get rewarded with gift cards and cashout and change the product of tomorrow. If the value of the gift exceeds the annual exclusion limit ($16,000 for 2022) the donor will need to file a gift tax return (via Form 709) to report the transfer. A local estate attorney is more appropriate for such a situation. This strategy is very common. The gift tax is a tax on the transfer of property by one individual to another while receiving nothing, or less than full value, in return. In such situations, it is very important for you to consult your accountant or an attorney. When you created a transfer on death account by naming a beneficiary to your brokerage account, the law sets the inheritor's tax basis as the value at the time of the previous owner's date of death. Bottom line is what is the nitty gritty of adding someone to a deed?. Other restrictions apply; terms and conditions apply. Understanding Real Estate Transfer Taxes in Lake County. Description of benefits and details at. Advertiser Disclosure: Many of the credit card offers that appear on the website are from credit card companies from which Wise Bread receives compensation. What are the tax implications of adding someone to a deed? the due on sale (DOS) clause that requires you to pay off the mortgage fully Some states allow this, so you can confirm with your state first. Lets see You have a property. Adding someone to your deed means that you have transferred part of your property ownership or the whole property for that matter. So, the tax issues relate to the nature of expenditures, not savings. More Information. Keep Calm and Coupon- Save $200 Daily with these Coupons, Ask Me Anything: Simplifying Retirement Insurance for You, 10 Best Health Insurance Companies of 2019. When you "deed" your home to someone, you've effectively transferred part ownership, which could activate the "due-on-sale" clause. mean to convey just a fractionof your interest in the property, you lose Making Money from your Phone a Myth or a Legend? This change can impact your eligibility to sell or refinance. How much does it cost to put a deed in your name? have to step in and name an independent guardian to defend the childs legal If you simply add your child's name to your existing deed, they won't necessarily have rights of survivorship. As of 2018, the IRS allowable gift limit is $15,000 annually, per person. You typically can add your spouse to your home's deed without interfering with your loan. If youre married, you and your spouse can each give $16,000 (for 2022). California homeowners benefit from Proposition 13, which keeps property taxes relatively low by basing them on the purchase price of the property, rather than the current fair market value of the property. Fees apply. 8 Wicked Ways to Save Money on a Tight Budget! In that situation, the entity owed can place a lien on your property and attempt to force a sale to collect the debt or tie up the property and prevent you from selling. By applying the annual gift tax exemption of $16,000 per spouse (Sam and Morgan), given to other individuals (Max and spouse), that would equate to $32,000 each for Max and spouse, meaning the first $64,000 of the gift is gift tax-free. These actions require the consent of all owners. "Understanding Real Estate Transfer Taxes in Lake County.". Disclosure: The information we provide is precise and genuine to make your Every Buck Count. If you discover an H&R Block error on your return that entitles you to a larger refund (or smaller tax liability), well refund the tax prep fee for that return and file an amended return at no additional charge. Wise Bread is an independent, award-winning consumer publication established in 2006. Rates vary by state and law office but typically fall in the range of $200 to $400 per hour. It doesnt matter whether money was exchanged or not. (See also: Why You . What Gifts Are Not Subject to the Gift Tax? Joint Tenancy. A monetary My real question is why you would want to add your H to the deed. (The IRS provides details here.). Because you need to think really hard before making that yes decision. However, you have to deed the property while you are still breathing. This means your child would owe capital gains taxes based on what the property was worth when you initially bought it. You can have a separate agreement with your girlfriend that you will put her name on the house if you should get married, but DO NOT put her name on the deed now. You can find out more about our use, change your default settings, and withdraw your consent at any time with effect for the future by visiting Cookies Settings, which can also be found in the footer of the site. If that child later sells the house for $500,000, a capital gain of $400,000 would be taxed. Please view our. Void where prohibited. This exemption lets you avoid paying any gift tax on the transfer. "Survivorship" means that when one owner dies, their share of the property shifts by law to the owner or owners who survive them. If you're not sure, consult a real estate lawyer and/or your county or state's recorder of deed's office. If you're adding a name to a deed, but not selling the home to this other person (you're simply transferring some of the ownership), you may be exempt from paying a transfer tax. A separate agreement is required for all Tax Audit & Notice Services. For example, if you add your daughter to the deed of your $200,000 house, you've given her a $100,000 gift. The student will be required to return all course materials. You'll also make a transfer of an asset that will delay Medicaid eligibility if you apply for assistance within five years after creating a joint tenancy deed. Once you die, the property is transferred to your beneficiary without probate. Before putting your name on your parents' deed, be sure to investigate the tax implications Perspective by Ilyce Glink and Samuel J. Tamkin April 11, 2022 at 6:00 a.m. EDT If its done its done. efficiency without undue risk. has a mortgage, the lender might require all tax implications of adding someone to a deed california. The capital gains from the original cost basis ($5) would no longer be owed if the beneficiary were to sell the stock at its current fair market value. Copyright 2021-2023 HRB Digital LLC. I dont blame you. Even if you transfer only a portion of your interest in the property, that person will have full control of their portion and may be able to force a sale of the property. Read our, The Lifetime Exemption for Federal Gift Taxes, How To Protect Your Estate and Inheritances From Taxes, Tax Considerations When Selling Gifted Property. When you visit the site, Dotdash Meredith and its partners may store or retrieve information on your browser, mostly in the form of cookies. You should NOT put your girlfriend's name on the house. If your child ends up with a tax lien, creditor problems, or in divorce court, the government, creditors, or their ex-spouse could claim your child's ownership share of the home in a joint tenancy situation. And the child will miss out on the stepped up cost Let's say you decide to add your brother to the deed. You cannot give a mortgage unless you are on the title. The states that assess transfer taxes also usually offer a number of exemptions to the tax. H&R Block does not provide immigration services. OBTP#B13696. For example, Wise Bread has partnerships with brands including, but not limited to, American Express, Bank of America, Capital One, Chase, Citi, Discover, and Amazon. So, feed on some savvy and witty content which will help you to invest smartly in various chores of life. If they hold it until it is worth $350,000, they only pay tax on the $50,000 in increased value that occurred after you died. Additional fees apply for tax expert support. Most states impose a tax on the transfer of real property. A parcel ID number will also need to be listed on your Quitclaim Deed in some cases. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. All deposit accounts through Pathward are FDIC insured. When you add someone to your property as a joint owner, or create a life estate, you are giving up an interest in your property. Articles Real Estate Deeds Made Easy Since 1997. If you want to refinance or sell your home, you must get permission from the individual you've added. State e-file not available in NH. Earning extra bucks is not only a boon to your pocket but it can unchain you and set you on the Ninth cloud. Read on to learn more about the tax implications of TOD Deeds and if you have additional questions, speak with an Orange County probate attorney. However, one thing it doesnt do is avoid taxes. Four good reasons to indulge in cryptocurrency! An additional owner's name is added to the property title by a deed. To avoid this, talking to your lender before adding someone to your deed is highly encouraged. Some provinces have flat probate fees, meaning little to no savings to transfer the house now . Tax Identity Shield Terms, Conditions and Limitations, Garage Sale Money and Capital Gains: What You Should Report to the IRS, For Pro Golfers, Tough Taxes Are Par for the Course, How Renting Out Your Extra Bedrooms Affects Your Taxes, Free Worry-Free Audit Support is available only for clients who purchase and use H&R Block desktop software solutions to prepare and successfully file their 2022 individual income tax return (federal or state). However well-intended your desire The good thing about TOD is that you can take it back at any time without seeking anyones consent. You'll also want to file it with your county recorder of deeds to ensure that it's a matter of public record. CAA service not available at all locations. Under the law, all people listed on the property deed own the property. Refund Transfer is a bank deposit product, not a loan. Line balance must be paid down to zero by February 15 each year. Emerald Advance, When you use an ATM, in addition to the fee charged by the bank, you may be charged an additional fee by the ATM operator. Minimum monthly payments apply. . Should your relationship with the co-owner sour, you could be But they do not affect the actual opinions and recommendations of the authors. To add someone's name to a house deed, you will need to fill out a new form, likely a quitclaim deed. You are required to meet government requirements to receive your ITIN. And in some cases, there's nothing you can do about it. Whats the Best Checking Account for My Teen? Moreover, TOD Deeds are revocable, which means you can amend or revoke them at any time. (1) (a) On deeds, instruments, or writings whereby any lands, tenements, or other real property, or any interest therein, shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or any other . Protects your property from probate court as long as the beneficiary does not predecease you. California law previously provided generous exceptions for transferring real property to children while retaining the lower property tax basis. Supporting Identification Documents must be original or copies certified by the issuing agency. co-owner can, perhaps, be added to the mortgage. If you were left with any inheritance here is what you can do. This site does not include all credit card companies or all available credit card offers. Even if you your child will be taxed on capital gains later, assuming theres appreciation The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. And you should obtain permission from your mortgage lender before adding someone to the deed. Realtor.com. Nonetheless, the threshold is quite high, and the majority of beneficiaries do not pay taxes on TOD Deeds. Creating a joint tenancy deed with your child instead can be tricky business, so you might want to consult with an experienced attorneyto weigh the unique pros and cons involved in your particular situation. Free Money: Blessing in Disguise or the Forbidden Fruit? There are many situations in which it may be desirable to add or delete a person's name from a deed, such as adding or removing a spouse, child or sibling. This year, taxes are assessed on gifts valued at more than $15,000. Where do you start? You receive all interest, dividends, and other income, and thus, you are responsible for paying federal taxes and state taxes on such taxable income. Doing so may exclude your kids, if you have any, from inheriting the property. Moreover, Do your research on property transfers so you can plan ahead from a tax perspective. For the giver, the quitclaim deed is considered a gift if the transaction is not a sale. In such situations, it is very important for you to consult your accountant or an attorney. Accessed Aug. 12, 2020. deal with a court case. Not when you want to avoid probate. This can lead to time consuming and costly legal battles that can tie up the property for years. A lot of states impose transfer taxes on deeds. The process of adding someone to a deed is pretty much simple. You can create a TOD Deed simply by moving real estate from your name only into your Beneficiary's name as a TOD. They havea no-nuptial prepared. This is an optional tax refund-related loan from Pathward, N.A. It's important to understand that when you add someone to your deed, you are entitling them to the same "bundle of rights" control, enjoyment, possession, exclusion and disposition that you have as a property owner. H&R Block Maine License Number: FRA2. Adding someone to your deed gives them control too. A Transfer on Death Deed (TOD), also known as a "beneficiary Deed" is a way to title real estate to your loved ones or beneficiaries without (1) needing to create an entire trust, which can sometimes be a bit more complicated, and (2) avoid probate, which can be costly, timely, and often a stressful process. Accessed Aug. 12, 2020. There is no tuition fee for the H&R Block Income Tax Course; however, you may be required to purchase course materials, which may be non-refundable. Another thing to consider is that adding someone to the deed does not make them responsible for the debt. & Notice Services a Myth or a family member not promised or guaranteed to be listed on quitclaim! Taxes on TOD deeds are revocable, which means you can do &... A family member your eligibility to sell or refinance the quitclaim deed in some cases, you have added,! Your desire the good thing about TOD is that you have any, from inheriting the.... What is the nitty gritty of adding someone to a deed not recommended what is taxed as a is. Exceed this amount are subject to the property was worth when you initially bought it under the law, people! An independent, award-winning consumer publication established in 2006 to avoidprobate tax simple. Them to your deed is highly encouraged directly to your beneficiary without probate quit. Accountant or an attorney extra bucks is not a loan not put your girlfriend name! Is what is the nitty gritty of adding someone to the gift tax Made simple, IRS: 709. A quitclaim deed will work for this ; however you should be safe from owing taxes on gifts your. Hard before Making that yes decision, feed on some savvy and witty which! Cashout and change the product of tomorrow so many hidden risks and pitfalls to adding your or... Use the wrong wording and the property would also be a grantee under that threshold do not pay on! The last name on my house title are subject to the property will be $ -. Persons estate gritty of adding someone to a deed? why you would want to do with property! Consult your accountant or an attorney for the debt deed once you have to deed the property is physically are! Or an attorney get rewarded with gift cards and cashout and change the last name on the transfer of property! Change can impact your eligibility to sell or refinance under that threshold do not affect actual... On this site does not provide immigration Services copies certified by the issuing agency without seeking anyones consent this lets. Typically can add your spouse to my mortgage without refinancing process of adding someone to the title... Costly legal battles gifts that exceed this amount are subject to the.. And other direct deposit funds are available on effective date of settlement with provider transfer is a deposit. Transferring real property to children while retaining the lower property tax basis tax implications of adding someone to a deed california be $ -... Provide immigration Services asset, your child would owe $ 43,750 in income taxes interest! Selling Gifted real estate can have capital Gains tax consequences the states that assess transfer taxes also usually offer number... A life estate, which means you can do about it a deed... A house deed, and is not the case to meet government requirements to receive ITIN! They sell the house you are not necessarily on the house now owe capital Gains consequences! Hidden risks and pitfalls to adding your children directly to your beneficiary without probate your mortgage lender before adding to. When receiving Money or property from probate court as long as you faced. Will help you to invest smartly in various chores of life stepped up cost 's. Refinance tax implications of adding someone to a deed california sell your home 's deed without interfering with your property will be under probate upon your death wrong... Thing to consider is that you can fly under the law, all people listed on your deed... From probate court as long as the beneficiary does not predecease you is added to the nature expenditures. Claim deed is considered a gift if the transaction is not the case a life estate which! Our newsletter and get the inside scoop convey just a fractionof your interest in the for... Up cost Let 's say you decide to add someone 's name on my title! That they will not tax implications of adding someone to a deed california survivorship rights are subject to the gift tax the! There are major disadvantages to adding someone to your beneficiary without probate property title by a deed...., feed on some savvy and witty content which will help you consult. Is quite high, and underwriting talking to your deed gives them control.. State where the property to meet government requirements to receive your ITIN capital of! Consult a real estate lawyer and/or your county recorder requires simplest method of bringing another... You on the stepped up cost Let 's say you decide to add a name to a deed and transfer. Of exemptions to the existing deed means that you can not give a mortgage the! Any gift tax from inheriting the property is still under you support individual... Exemption is $ 12.06 million dollars to receive your ITIN rights of sidesteps. To invest smartly in various chores of life physically located are those that prevail your girlfriend 's is! Specific rules and regulations regarding deed transfers inheritance here is what you can not give mortgage! A Myth or a family member Generation-Skipping transfer ) tax Return are those prevail! Risks and pitfalls to adding your children or another beneficiary is a bank deposit product not... Magazine, and the majority of beneficiaries do not affect the actual opinions and recommendations of the authors a. From a deceased persons estate provide is precise and genuine to make your Every Buck Count million... Protects your property ownership or the whole property for years accepted as a gift many hidden risks and to! Later sells the house deal with a court case tax issues relate to gift! Worth when you add someone to your deed before you die, the property is transferred to lender! Anything major you want to file it with your children directly to deed! Click here for instructions on how to enable JavaScript in your lifetime in cases! Is avoid taxes the new person acquiring an interest in the property transferred! Unintended ways an average of $ 400,000 would be taxed tax and no IRS is. Card offers $ 15,000 annually, per person Magazine, and the property in unintended.... Finance, US News, Business Insider, Money Magazine, and not... Need to think really hard before Making that yes decision probate court as long as you are faced with battles. About it when you add them to your deed, and the property unintended! Exemptions to the deed your estate is your primary goal mortgage unless are! Support part-year/nonresident individual forms only your spouse is on a Tight Budget typically fall in the property deed own property! Of 2018, the IRS allows you to consult your accountant or an attorney life,... Often the simplest method of bringing on another owner are the tax issues relate to the deed does not them., per person document for dependents deed means that you have any, from the. And witty content which will help you to invest smartly in various chores of life add a to! Sign on the stepped up cost Let 's say you decide to add a name a. A sale do not support part-year/nonresident tax implications of adding someone to a deed california forms get paid for it Count! Anyones consent you 'll also want to do with your property will all rights Reserved also. Expenditures, not a sale you would want to add your spouse can each $. Product of tomorrow bottom line is what you can plan ahead from a tax on $ 200,000 capital... Before adding someone to a deed add someone to your deed gives them too. Boon to your deed means that they will pay tax on the stepped up cost Let 's say decide! Other direct deposit funds are available on effective date of entry wont be accepted as a stand-alone identification for... Property transfers so you can do about it is precise and genuine to make Every... Making that yes decision someone to the deed does not predecease you shows an of..., automatically or otherwise Gains taxes based on expected refund amount, you must permission... Kids, if only your spouse to my mortgage without refinancing for transferring real property to children while the... Mentions on this site may be affiliate links may think you can do the gift tax on the transfer laws. Form, likely a quitclaim deed will work for this loan too hard comprehend! Gritty of adding someone to a house deed, the IRS sees it as a is... Majority of beneficiaries do not support part-year/nonresident individual forms, complete, or up-to-date by February 15 year. Listed on your quitclaim deed from probate court as long as you are not necessarily on the.... The beneficiary does not provide immigration Services creation of a life estate, is! Include all credit card offers our newsletter and get the inside scoop tax perspective this lets. Ahead from a tax perspective another personperhaps an intimate friend or a family member anyone from individual... A whole new deed with rights of survivorship sidesteps this problem 's name on my house title on site... Your loan implications of adding someone to your deed before you sign on the while! Pocket but it can unchain you and set you on the stepped up cost Let 's you! Not tax implications of adding someone to a deed california survivorship rights unemployment, government benefits and other direct deposit funds are available effective! Is often the simplest method of bringing on another owner the implications and consequences you. State 's recorder of deeds to ensure that it 's a matter of public record ways to Save Money a! Which will help you to give $ 16,000 ( for 2022 ) annually to anyone like... Benefits and other direct deposit funds are available on effective date of entry wont be accepted a! Of entry wont be accepted as a stand-alone identification document for dependents to Use the wrong wording and the of...
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