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Recordation Tax

Recordation Tax

Investopedia / NoNo Flores

Recordation tax is an excise tax imposed by certain states as compensation for registering the purchase or sale of property as public record. It is collected by the county where the transaction takes place, with rates and rules varying depending on each jurisdiction’s tax laws.

Key Takeaways

  • Recordation tax is an excise tax imposed by certain states as compensation for registering the purchase or sale of property in the public domain.
  • It is collected by the county where the transaction takes place.
  • Recordation tax rules and rates vary depending on the state and/or counties within them.
  • The costs of entering a new mortgage and deed into a legal record often fall under the more common transfer tax or may even be waived.

Understanding Recordation Tax

When you purchase a house, the local county lists mortgages and other liens against the property as well as its title, the document proving legal ownership, in the public records. This is dꦦone, among other things, to help resolve disputes between parties with competing claims to a property. 

The costs of entering th🐠e new mortgage and deed into a legal record may be recouped with a transfer tax or even waived, depending on where the property is based. Alternatively, there are a handful of states that charge a spe🌠cific recordation tax for this particular service.

Recordation tax forms part of closing costs, which are expenses above the property price that buyers and sellers must clear to complete a real estate transaction, 澳洲幸运5开奖号码历史查询:some of which are negotiable.

Tip

Under the federal 澳洲幸运5开奖号码历史查询:Real Estat☂e Settlement Procedures Act (RESPA), lenders are required to provide a loan estimate that discloses the closing costs for the transaction within three days of taking the borrower’s loan application.

Documents subject to recordation tax

Instruments that incur recordation tax are generally those that convey title to real property or create or give notice of a 澳洲幸运5开奖号码历史查询:security interest in real or 澳洲幸运5开奖号码历史查询:personal property. In Baltimore, for example, documents that are recorded and subject to recordation tax can include:

  • Association liens
  • Certificate of tax sale
  • Contracts of sale
  • Deeds
  • 澳洲幸运5开奖号码历史查询:Deeds of trust
  • Homestead deed 
  • Indemnity deed of trust
  • Irrevocable assignment of proceeds
  • Land installment contracts 
  • Leases (including boat slip leases)
  • Memoranda of leases
  • Mortgages
  • Options (if the option does not meet the requirements for an exemption)

Warning

Recordation tax is usually pai🏅d by the buyer, although it is possible to negotia🎀te for the seller to cover this expense.

Recordation Tax Examples

Recordation tax rules and rates vary depending on the state and/or counties within them. To get a better idea of how this works, let’s look at some examples from the few places that 🐓levy this tax.

District of Columbia

In Washington, D.C., a “deed recordation tax” is levied when a deed, certain leases, or a security interest in real property is submitted for recordation. The basis of the tax is the value of consideration given for the property or, if that’s not applicable, its fair market value.

The rate charged was 1.1% or 1.45% as of September 2024, with the higher percentage applied to residential property transfers above $400,000. The District of Columbia also imposes a transfer tax at the same rates.

Maryland

The state of Maryland levies a recordation tax on instruments conveying title to the property at different rates, depending on the county. For instance, in Baltimore, Cecil County, and Wicomico County, recordation tax rates as of September 2025 were set at $5, $4.10, and $3.50, respectively, per each $500, or fraction of $500, of the actual consideration paid or to be paid, or on the amount of debt secured.

Virginia

In the Old Dominion state, deeds submitted for recording are usually subject to🌞 a recordati🥃on tax at a rate of 25 cents on every $100 (or fraction thereof) of the consideration of the deed or the actual value of the property conveyed, whichever is greater.

That rate isn’t applied everywhere, though. Cities and counties within Virginia are free to impose a recordation tax equal to one-third of the amount set by the state.

Important

Some people, such as first-time homebuyers, may qualify for a reduced recordation tax rate in certain jurisdictions.


Recordation Tax vs. Transfer Tax

Many people confuse recordation tax with transfer tax. Transfer tax is a charge levied on the transfer of a property’s title, while recordation tax is defined as a charge levied for registering the purchase or🎶 sale of property in the public domain.

Recordation tax can be thought of as a type of transfer tax because it relates to a cost incurred as part of the transfer of property from one party to another. A small handful of states choose to impose a separate recordation tax in recognition of this particular expense. Others, meanwhile, factor those fees into their transfer tax or don’t implicitly charge anything for this service.

An interesting distinction between these two taxes is who gets billed. Normally, the seller is liable for the transfer tax. With recordation tax, on the other hand, it is the buyer who usually is charged.

Frequently Asked Questions (FAQs)

Who Usually Pays the Recordation Tax in Virginia?

In Virginia, like other states, it is the buyer who is usually responsible for paying recordation tax, which is a tax for recording the transfer of property.

What Is the Recordation Tax in Washington, D.C.?

The standard recordation tax rate in the District of Columbia was 1.1% or 1.45% of the property’s consideration or fair market value as of September 2024, with the higher value applying to transfers above $400,000.

Who Typically Pays for the Recordation Tax?

Typically, the buyer pays an♐y recordation tax if it is requi𒉰red by the state. But the payment obligations can be negotiated.

The Bottom Line

A recordation tax is a tax generally paid by the buyer that is imposed by certain states as compensation for registering the purchase or sale of property as public record. Counties collect this fee where the transaction takes place, with rates and rules varying depending on each jurisdiction’s tax laws. Consulting with a mortgage or real estate professional for more details about recordation taxes in your area.

Article Sources
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  1. Office of the Attorney General of Maryland. "," Page 1.

  2. U.S. Congress. "."

  3. Baltimore City Department of Finance. “"

  4. DC.gov. “.”

  5. Baltimore City Department of Finance. “"

  6. Maryland Courts. “.”

  7. Maryland Courts. “.”

  8. Virginia Department of Taxation. “.”

  9. Virginia's Legislative Information System. “.”

  10. DC.gov. "."

  11. Lincoln Institute of Land Policy. "." 

  12. First American Title National C🥀ommercial Services🅺. “.”

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