What Are Property Deed Transfer Taxes?

 

Property deed transfer taxes are fees paid at the time of a real estate transaction and are calculated based on the fair market value (FMV) of a given property in a specific area. The tax is separate from property taxes and is collected by local counties at the time of deed filing. The county will affix a stamp to the deed, rendering it valid, and then deliver the collected funds to the state, where it can be dispersed for a variety of purposes, such as supporting state, county or municipal operations, maintaining area-specific initiatives, or providing affordable housing.

In most states, the transfer tax is split equally between the buyer and seller and is considered a closing expense, making it an opportunity for buyers and sellers to negotiate how much they each will pay. In New York City, the combined NYC and NYS transfer tax is up to 1.425% of the sale price and higher rates apply to commercial deals, vacant land sales, or multifamily properties with four or more units.

State-wide, the tax is usually a percentage of the FMV, but the exact rate and definition vary by state and municipality. The definition of the term “transfer” may also differ, but typically includes any conveyance, exchange, purchase or swap of real property, or an interest in real property, whether expressed or implied, regardless of method or form. The tax may also be imposed on the cancellation or discharge of an indebtedness or obligation, or on any purchase money mortgage, lien or other encumbrance. For more https://www.kentuckysellnow.com/we-buy-houses-radcliff/

The tax is also known by a variety of other names, including documentary stamp tax, property transfer tax, recordation fee, real estate transfer tax and excise tax. It can also be applied to the transfer of a business or franchise, or even to the transfer of ownership in a corporation. The tax is not deductible for federal income taxes and should be filed along with the deed or document at the registry of deeds.

When purchasing or selling real estate, it is critical to understand the rules of transfer taxes for your state and municipality. A real estate agent, lawyer or title company can help ensure that the proper forms are filled out and the transfer tax is paid. They can also provide you with a list of applicable state and city transfer taxes to assist in your research and planning. In New York, you have 15 days after the delivery of a deed or document to file the transfer tax return and pay any required tax. You can find the required forms on this page: http://www.nyc.gov/assets/downloads/tp-584-real-property-transfer-tax-forms.pdf.

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