Real Property Transfer Tax FAQs
When you transfer real estate in Nevada, you must pay a Real Property Transfer Tax.
This tax is collected by the County Recorder’s office in the county where the property is located, at the time the transfer is officially recorded.
The deed is only recorded once this tax and any other necessary fees are paid.
What functions does the County Recorder’s Office serve regarding Real Property Transfer Taxes?
- Determines the amount of the tax required based on the value as represented on the Declaration of Value.
- Reviews applications for exemption and determines whether the transaction qualifies.
- Collects the tax when the transfer of property is recorded.
- Transmits to the State of Nevada all Real Property Transfer Taxes collected, minus a collection allowance granted by statute.
Who is affected by Real Property Transfer Tax?
Both the Grantee (the buyer) and the Grantor (the seller) are responsible together and individually for paying the tax.
Who do I talk to about my Real Property Transfer Taxes?
The County Recorder is your primary source of information about the Real Property Transfer Tax.
You can also reach out to the Department of Taxation, Division of Excise and Local Government Services – Audit Section, by calling (775) 684-2100.
The Division of Local Government Services coordinates the collection and administration of Real Property Transfer Tax to ensure the tax is collected fairly and equitably in all counties, as mandated in NRS 375.
How is the Real Property Transfer Tax calculated?
- In all counties, the tax rate is $1.95 for every $500 of property value or part thereof, for values above $100.
- Additionally, Washoe and Churchill Counties add $0.10, while Clark County adds $0.60 to this rate.
- For example, if you’re buying a property valued at $100,500 in Clark County, the base tax would be $393.90 ($1.95 for each $500 of value).
- Since the property is in Clark County, an additional $0.60 is added for each $500 of value, adding up to an extra $120.60. The total tax due would be $514.50.
What is the Declaration of Value?
The Declaration of Value is a form required by the Nevada Tax Commission that details the transfer of real property. It must be fully completed according to recording standards.
You can download the form or pick up it at any Nevada County Recorder’s Office or their website, if available.
Are there exemptions to the Real Property Transfer Tax?
According to NRS 375.090, there are 14 possible exemptions from the Real Property Transfer Tax. They include:
- 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 un-patented 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 111.109.
- The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:
- Confirmed under the Bankruptcy Act, as amended, 11 U.S.C. §§ 101 et seq.;
- Approved in an equity receivership proceeding involving a railroad; or
- Approved in an equity receivership proceeding involving a corporation,
- if it occurs within 5 years after the change.
- The making or delivery of conveyances of real property to make effective any order of the Securities and Exchange Commission if:
- If it recites that the transfer or conveyance is necessary or appropriate to effectuate the provisions of section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. §§ 79k;
- The order specifies and itemizes the property ordered to be transferred; and
- It is made in obedience to the order.
- A transfer to an educational foundation.
- A transfer to a university foundation.
Note: FAQs are for general guidance only. For written advice as it relates to your business, request an advisory opinion from the Department.