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What is
documentary
transfer tax?
A
tax imposed on
each recorded
document in
which real
property is
sold.
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How much is the
documentary
transfer tax?
The tax rate is
$.55 for each
$500 (commonly
referred to as
$1.10 per
$1,000), or
fractional part
thereof, of the
value of real
property, less
any loans
assumed by the
buyer.
Additionally
individual
cities may
impose their own
city real
property
transfer tax at
full value.
NOTE:
Some
Cities have
additional
Transfer Tax
amounts. See our
website "City
Tax" column for
specific
amounts.
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When is
documentary
transfer tax
paid?
The tax is paid
at the time of
recording a
document
transferring
real property.
-
Who pays
documentary
transfer tax?
Varies depending
upon which City
and County the
property is
located.
-
How do I show
the amount of
tax due?
Each document in
which real
property is sold
must have a tax
declaration on
the first page
of the document.
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When is realty
considered to
have been
"sold?"
Real property is
considered to be
sold when a
transfer of an
interest is for
a valuable
consideration,
which may
involve money or
anything of
value.
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What is
considered
"anything of
value?"
Examples of
things other
than money that
have value are:
shares of stock
in a
corporation,
interest in a
partnership,
real property or
assuming the
debt of another
person.
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When is realty
considered to
not have been
"sold?"
The most used
example is a
bona fide gift.
This exclusion
is commonly used
when adding or
removing a
co-signor from
real property.
Gift must be
given as the
explanation of
no tax due.
Other examples
include: placing
real property in
a trust for the
benefit of the
grantor
(revocable
trust),
distribution of
partnership
property when
the partnership
is dissolving,
and changing how
title is held
(from joint
tenancy to
tenants in
common).
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Are there any
exemptions from
documentary
transfer tax?
Yes. If the
property is
considered to
have been sold
there are
several
exemptions under
the law. These
exemptions
relate to
specific causes
of real property
transfers and
are infrequently
used.
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Are there any
other
requirements?
Yes. Each
document
transferring an
interest in real
property must
clearly state,
on its face, if
the property is
located in the
county's
unincorporated
area or within a
city's limits.
-
Where can I go
to get help in
determining the
amount of tax
due?
Contact a real
estate or legal
professional.
*The information
contained herein
should not be
construed as a
recommendation for
any course of action
regarding financial,
legal or accounting
matters by Chicago
Title. It is not
meant as a
substitute for
professional advice
from a qualified
legal, accounting or
financial
professional.
Chicago Title
assumes no liability
for any loss
incurred by the
reason of reliance
thereon.
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