REAL PROPERTY TRANSFER TAX
Upon the transfer of any real property in the State of Nevada, a special tax called the Real Property Transfer Tax is imposed. The County Recorder in the county where the property is located is the agency responsible for the imposition and collection of the tax at the time the transfer is recorded.
Each County Recorder's Office:
- 1.Determines the amount of the tax required based on the value as represented on the Declaration of Value.
- 2.Reviews applications for exemption and determines whether the transaction qualifies.
- 3.Collects the tax when the transfer of property is recorded.
- 4.Transmits to the State of Nevada all Real Property Transfer Taxes collected, minus a collection allowance granted by statute.
Both the grantor and grantee are jointly and severally liable for the payment of this tax.
The County Recorder is your primary source of information about the Real Property Transfer Tax.
You may also call the Department of Taxation, Division of Local Government Services - Audit Section. Call (775) 684-2100 for more information.
For all counties:
$1.95 for each $500 of value or fraction thereof if the value is over $100. In addition: For Washoe and Churchill Counties: $.10 is added. For Clark County: $.60 is added.
THE DECLARATION OF VALUE (see common forms)
The Declaration of Value is a form prescribed by the Nevada Tax Commission to provide information with regard to the transfer of real property. The form must be filled out completely and in compliance with recording standards. It may be obtained in any County Recorder's Office and/or website (if a website is available in your county). It may also be obtained from the State of Nevada, Department of Taxation website at http://tax.state.nv.us.
EXEMPTIONS
There are 14 possible exemptions to the imposition of the Real Property Transfer Tax (NRS 375.090). They include in abbreviated form:
- A mere change of identity, form or place of organization, if the affiliated corporation has identical common ownership.
- A transfer of title to the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.
- A transfer of title recognizing the true status.
- A transfer of title without consideration from one joint tenant/tenant in common to one or more remaining joint tenants/tenants in common.
- A transfer of real property if the is related to the person to whom it is conveyed within the first degree of lineal consanguinity or affinity.
- A transfer of title between former spouses in compliance with a decree of divorce.
- A transfer of title to or from a trust without consideration if a certificate of trust is present at the time of transfer.
- Transfers, assignments or conveyances of unpatented mines or mining claims.
- A transfer to a corporation or other business organization if the person conveying the property owns 100% of the corporation or organization to which the conveyance is made.
- A conveyance of real property by deed which becomes effective upon the death of the grantor pursuant to NRS 111.655 to 111.699, inclusive.
- The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment: (a) Confirmed under the Bankruptcy Act, as amended, 11 U.S.C. §§ 101 et seq.; (b) Approved in an equity receivership proceeding involving a railroad, as defined in the Bankruptcy Act; or (c) Approved in an equity receivership proceeding involving a corporation, as defined in the Bankruptcy Act, if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.
- A transfer to an educational foundation. As used in this subsection, “educational foundation” has the meaning ascribed to it in subsection 3 of NRS 388.750.
- A transfer to a university foundation. As used in this subsection, “university foundation” has the meaning ascribed to it in subsection 3 of NRS 396.405.
- A transfer to a library foundation. As used in this subsection, “library foundation” has the meaning ascribed to it in NRS 379.0056.