Real Estate Transfer Fee Common Questions - R

Railroads

1. Does a railroad company need to file railroad conveyances with the Office of Commissioner of Railroads, even if it filed with the Register of Deeds?

Receipts

1. Can two RETR receipts be used with one deed?


2. Under what circumstances can the Register of Deeds reject an RETR receipt?


3. A receipt has one grantor listed, while the deed has two. Is this receipt acceptable?


4. Are middle initials required on the receipt?


5. A receipt has 13 parcels showing and the deed has 19. How do I know if the return is correct?

Refunds

1. How do I obtain a refund of transfer fee paid?


2. If a transfer fee is paid in the wrong county, how do I get a refund?

Relocation Industry

1. In the relocation industry, companies usually take a deed as the grantee and a deed with no grantee listed. The grantor is paid and moves away. The relocation company puts the property on the market and at a later date sells it to another party and only records the deed to the new grantees. How may transfer fees are due?

Railroads

1. Does a railroad company need to file railroad conveyances with the Office of Commissioner of Railroads, even if it filed with the Register of Deeds?

   Yes. According to state law (sec. 190.11, Wis. Stats.), "Every conveyance or lease, deed of trust, mortgage or satisfaction shall be filed with the Office of Commissioner of Railroads (OCI)…" If a railroad wants to record a railroad conveyance at both the county and with OCI, a transfer return is required by each; however, only one transfer fee is required. If the document is first recorded with the county and the fee paid, then when the document conveying the same property is recorded at OCI, the transfer return is exempt from fee per sec. 77.25(3), Wis. Stats., as confirming a prior recorded document.

   Note: Recording the instrument has the same effect as recording the instrument at the county Register of Deeds per sec. 190.11(2), Wis. Stats. Recording the railroad company's conveyances at the county Register of Deeds office is optional.

Receipts

1. Can two RETR receipts be used with one deed?

   No. Only one transfer return is accepted per deed.

2. Under what circumstances can the Register of Deeds reject an RETR receipt?

   Under state law (sec. 77.22(1), Wis. Stats.), the Register of Deeds can only accept a properly completed real estate transfer return, with fee (if due), for a conveyance recording.

   Registers must verify that the receipt and the document being recorded agree and reflect the proper county.

   • Document to be recorded
   • RETR receipt
   • Transfer fee payment (if due)
   
   

   Transfer fee amount - if a fee is due, it must be the same as the amount on the check or other method of payment. Note: For some transfers, there may be both a fee and an exemption, if the transfer is partially exempt.

   Date of conveyance - date listed on the conveyance must be on or before the date of recording. Postdated conveyances should not be accepted.

   Grantors and grantees - all grantors and grantees listed on the document must be listed on the receipt.

   Parcels - all parcels listed on the document must be listed on the receipt.

   Note: If any information on the receipt is changed, it must be rejected. Changing information on the receipt creates an inconsistency with the information on the RETR.

3. A receipt has one grantor listed, while the deed has two. Is this receipt acceptable?

   No. All grantors and grantees named on the document must be on the receipt.

4. Are middle initials required on the receipt?

   No. Middle initials are not required and are not needed on the receipt.

5. A receipt has 13 parcels showing and the deed has 19. How do I know if the return is correct?

   The receipt should list all grantors, grantee, and parcel numbers entered. All grantors, grantees, and parcel numbers listed on the deed must be on the RETR.

Refunds

1. How do I obtain a refund of transfer fee paid?

   You will need to file an amended RETR to request a refund.

   On the department's MyTaxAccount (MTA) page, under Real Estate Transfer Return (RETR) click "Change or Amend a RETR" and enter the receipt number, total value or sale price, and the last name or business name of the grantor or grantee

   Update fields that need correcting, attach the required documentation, and submit your return. Once received DOR will review your submission.

2. If a transfer fee is paid in the wrong county, how do I get a refund?

   If your instrument of conveyance was recorded without a RETR in the incorrect county you will request a refund of the transfer fee paid directly from the county.

   If a RETR was recorded along with your instrument of conveyance in the incorrect county you will need to file an amended return to request a refund.

   Note: The recording fees paid to the incorrect county are not refundable by the county or DOR.

Relocation Industry

1. In the relocation industry, companies usually take a deed as the grantee and a deed with no grantee listed. The grantor is paid and moves away. The relocation company puts the property on the market and at a later date sells it to another party and only records the deed to the new grantees. How may transfer fees are due?

   One transfer fee is due. Since the relocation company does not record the deed to itself, the Wisconsin Department of Revenue does not charge a second fee. The transfer to the relocation company is clearly a conveyance, but since the deed is not recorded there is no transfer fee due under state law (sec. 77.22(1), Wis. Stats.).

   Note: If the relocation company records the deed to itself and later sells the property to a third party, two transfer fees are due (both deeds are subject to a transfer fee). The second deed from the relocation company to a third party does not qualify for the use of Exemption 9 (agent to principal) since the relocation company did not buy this property as an agent for the third party.

Questions?

Contact us at RETR@wisconsin.gov.