Tax 15.03(7)
(7) Court ordered conveyances by a county to satisfy an old age assistance lien.
Tax 15.03(8)
(8) Conveyances of a remainder interest in real property.
Tax 15.03(9)
(9) Conveyances of real property from a trustor to a trustee.
Tax 15.03 Note
Note: This section interprets s.
77.22 (1), Stats.
Tax 15.03 History
History: Cr.
Register, December, 1981, No. 312, eff. 1-1-82;
CR 13-037: renum. (2) intro. to (2) and am., r. (2) (a) to (c)
Register February 2014 No. 698, eff. 3-1-14.
Tax 15.04(1)(1)
Original land contract. Any original contract or any instrument evidencing the existence of a land contract, either of which indicates that such original land contract was made on October 1, 1969 or thereafter, requires the submission of a return as a condition to recording by the register of deeds.
Tax 15.04(2)(a)(a) Any deed or other instrument executed in fulfillment of a land contract, which land contract is dated December 17, 1971, or thereafter, requires the submission of a return and payment of the fee provided by s.
77.22 (2) (b), Stats., as a condition to recording. The return must show that the deed is given in satisfaction of a land contract and the fee is based on the purchase price established by the terms of land contract.
Tax 15.04(2)(b)
(b) Deeds in fulfillment of recorded land contracts dated prior to December 17, 1971 are not subject to the fee. As a result of the changes made by
Chapter 150, Laws of 1971, deeds presented allegedly in fulfillment of an unrecorded land contract dated prior to December 17, 1971 should not be recorded as exempt until the land contract or evidence of the existence of a land contract is recorded. This is necessary to establish that the land contract was in fact dated prior to December 17, 1971.
Tax 15.04(3)
(3) Sale of a land contract vendee's interest. A sale or assignment of a vendee's interest which is dated October 1, 1969, or thereafter is subject to both the fee and return as a condition to recording.
Tax 15.04(4)
(4) Sale of a land contract vendor's interest. A deed which transfers the interest of a vendor in a land contract to another person is excluded from the provisions of s.
77.22 (2), Stats. It is therefore not subject to the transfer fee. Under the doctrine of equitable conversion the vendor's interest in the land contract becomes personal property. Such a transfer is not a conveyance within the definition of s.
77.21 (1), Stats., because it does not provide for the passage of ownership interest in real estate.
Tax 15.04 Note
Note: See
Mueller v. Novelty Dye Works (1956), 273 Wis. 501,
78 N.W. 2d 881.
Tax 15.04(5)
(5) Recording of a deed issued in partial satisfaction of an original land contract. The basis of the real estate transfer fee shall be prorated in proportion to the area covered by the deed.
Tax 15.04 Note
Example: If a land parcel of 40 acres was sold under an original land contract for $80,000, and subsequently a deed was issued in partial satisfaction of this land contract for $4,500, and the area covered by the deed issued in partial fulfillment of the land contract was 5 acres, the real estate transfer fee is based upon
5/40 of $80,000 or $10,000.
Tax 15.04 Note
Note: This section interprets s.
72.22 (2), Stats.
Tax 15.05
Tax 15.05
Exemption from fee. Conveyance of real property pursuant to any of the exemptions listed in s.
77.25, Stats., are not subject to the payment of real estate transfer fee except that returns are required at the time of recording.
Tax 15.05(1)
(1) Conveyances from the United States, its agencies or instrumentalities are not subject to the fee imposed under s.
77.22 (1), Stats.
Tax 15.05(2)
(2) Conveyances from the state, its instrumentalities, agencies and subdivisions are not subject to the fee imposed under s.
77.22 (1), Stats.
Tax 15.05(3)
(3) A certificate of termination issued by the county court upon petition by interested persons in the realty upon the death of a person holding a life estate in real property or upon the death of a person who is a joint tenant in real property would be a conveyance as defined in s.
77.21 (1), Stats., since it transfers an interest in real estate. This conveyance is exempt from the real estate transfer fee by virtue of s.
77.25 (11), Stats., as a conveyance by descent or survivorship.
Tax 15.05(4)
(4) Conveyances between husband and wife pursuant to a divorce decree are not subject to the fee but a return must be submitted. The value of property transferred shall be stated on the real estate transfer return.
Tax 15.05(6)
(6) Conveyances of cemetery lots, as distinct from land conveyed for use as a cemetery, are not subject to s.
77.22 (1), Stats.
Tax 15.05 Note
Note: This section interprets s.
77.25, Stats.
Tax 15.06
Tax 15.06
Inspection of real estate transfer returns. A taxpayer or agent in a condemnation proceeding or an appeal from an assessment of real property will be allowed to inspect all returns. The taxpayer or agent requesting access to this information shall maintain the confidentiality of the return.
Tax 15.06 Note
Note: This section interprets s.
77.265 (7), Stats.
Tax 15.06 History
History: Cr.
Register, July, 1982, No. 319, eff. 8-1-82.
