Real Estate Transfer Fee Common Questions - D

Date of Conveyance

  1. What is the difference between "Date Recorded" and "Date of Conveyance"?

  2. Do the "Date of Conveyance" on the RETR and the date of the deed need to match?

Deed of Trust

  1. Does a "Deed of Trust" need a transfer return when it is supposed to be like a real estate mortgage?

Deeds-Filing

  1. How should a real estate transfer return be completed when the deed lists the person's (or entity's) current name and alternate name or names?

Developers

  1. Developer (landowner) and builder (improvement owner) are selling to the same party. How many deeds can be used for this conveyance?

  2. What is the Wisconsin Department of Revenue's position on value subject to transfer fee on a conveyance of a vacant lot with a contract to construct a building?

Domestic Partners

  1. What information is available for the Domestic Partner Fee Exemption - state law (sec. 77.25(8n), Wis. Stats.)?

  2. Does an employer's extension of benefits to domestic partners qualify a conveyance between domestic partners for an exemption from transfer fee under state law (sec. 77.25(8n), Wis. Stats.)?

  3. If a domestic partnership agreement is recorded in the county of primary residence, is a separate domestic partner recording required when placing the names of both domestic partners on the deed of a property located in a different county?

Domestication

  1. Is a deed filed to give notice of a domestication under state law (sec. 178.1131, 179.1131, 180.1102, 181.1131, or 183.1031, Wis. Stats.) exempt from transfer fee?

Date of Conveyance

  1. What is the difference between "Date Recorded" and "Date of Conveyance"?

    • Date recorded is the date the Register of Deeds records the instrument.

    • Date of Conveyance is the date the instrument is signed and delivered (usually the date of closing).


  2. Do the "Date of Conveyance" on the RETR and the date of the deed need to match?

    3. No. The "Date of Conveyance" is the date the deed is delivered to the buyer, interpreted as the "date of closing." If the closing date changes to a different month or year, the RETR "Date of Conveyance" must be updated.

Deed of Trust

  1. Does a "Deed of Trust" need a transfer return when it is supposed to be like a real estate mortgage?

    2. Yes. Since a "Deed of Trust" conveys legal title to a Trustee (making it a conveyance), it requires a transfer return. It is different from a mortgage, which is not a conveyance.

    The mortgage exemption (Exemption 10) applies to "Deeds of Trust" when they are used in place of a mortgage.

Deeds - Filing

  1. How should a real estate transfer return be completed when the deed lists the person's (or entity's) current name and alternate name or names?

    The RETR asks for the "legal name." Alternate names (e.g., "a/k/a" or "f/k/a") are not required on the transfer return.

Developers

  1. Developer (landowner) and builder (improvement owner) are selling to the same party. How many deeds can be used for this conveyance?

    Either one or two deeds can be used. If two deeds are used, each requires a separate transfer return. The developer's return should indicate the property type as "Land Only," and the builder's as "Other" with the explanation "Improvements Only."

  2. What is the Wisconsin Department of Revenue's position on value subject to transfer fee on a conveyance of a vacant lot with a contract to construct a building?

    The value subject to the transfer fee is only the value of the real property at the time of conveyance. The value of the improvement is only included on the percentage of the improvement that is completed at the time of conveyance.

Domestic Partners

  1. What information is available for the Domestic Partner Fee Exemption - state law (sec. 77.25(8n), Wis. Stats.)?

    The exemption applies to conveyances between domestic partners under Chapter 770, effective July 1, 2009. To qualify, the grantor and grantee must have recorded a declaration of domestic partnership in their county of primary residence prior to the conveyance.

    Note: The registry officially stopped accepting new declarations on April 1, 2018, following the U.S. Supreme Court decision that legalized same-sex marriage nationwide.

  2. Does an employer's extension of benefits to domestic partners qualify a conveyance between domestic partners for an exemption from transfer fee under sec. 77.25(8n), Wis. Stats.?

    3. No. The conveyance must comply with the requirements of sec. 770.07, Wis. Stats., which specifically requires the domestic partnership agreement to be recorded with the Register of Deeds prior to the date of conveyance.

  3. If a domestic partnership agreement is recorded in the county of primary residence, is a separate domestic partner recording required when placing the names of both domestic partners on the deed of a property located in a different county?

    4. No. Once the declaration of domestic partnership is properly recorded in the county of primary residence, it can be applied in any county in the state.

Domestication

  1. Is a deed filed to give notice of a domestication under state law (sec. 178.1131, 179.1131, 180.1102, 181.1131, or 183.1031, Wis. Stats.) exempt from transfer fee?

    Yes. It is exempt from transfer fee per state law (Exemption 6t).

Questions?

Contact us at RETR@wisconsin.gov.



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