PROPERTY TRANSFER TAXES
09 DIVORCE REAL ESTATE & MORTGAGE JOURNAL
Navigating the Financial Implications in Real Estate and Divorce: An often overlooked and
costly transfer of ownership.
Property transfer taxes, often known as stamp duties, are taxes governments impose on transferring real
estate ownership from one entity to another. These taxes vary widely depending on the jurisdiction, the
property's value, and the nature of the transfer. Understanding property transfer taxes is crucial for anyone
involved in real estate transactions, whether buying, selling, or transferring property, especially during a
divorce. Here’s a detailed breakdown of the key components and considerations.
Definition and Purpose
Definition: Property transfer taxes are levied on
the sale, transfer, or lease of real estate exceeding
a specific duration, covering both residential and
commercial properties.
Purpose: The primary aim is to generate revenue
for local or state governments. Additionally, these
taxes can help regulate the real estate market,
discouraging speculative buying and selling.
How Property Transfer Taxes Are Calculated
The calculation of property transfer taxes varies significantly by location but generally falls into a few
categories:
Percentage of Sale Price: Many jurisdictions charge a percentage of the property's sale price or fair market
value. This rate can be fixed or progressive, increasing with the property value.
Fixed Fee: Some areas might impose a fixed fee, regardless of the property's value.
Tiered or Progressive Rates: Similar to income tax, some places have tiered rates that increase
progressively based on the property's sale price brackets.
Exemptions and Reductions: First-time homebuyers, certain types of properties, or transfers between
family members may be eligible for tax reductions or exemptions.
Who Pays the Tax: Depending on local laws and practices, the responsibility for paying property transfer taxes
can lie with the buyer, the seller, or be split between both parties.
Timing of Payment: Property transfer taxes are typically due when the sale is closed. They must be settled for
the transfer to be recorded officially and legally.