HB0269 - Real estate transfer tax.
2001 |
State of Wyoming |
01LSO-0377 |
HOUSE BILL NO. HB0269
Real estate transfer tax.
Sponsored by: Representative(s) Law
A BILL
for
1 AN ACT relating to
taxation and revenue; imposing a real
2
estate transfer tax as specified; delegating rulemaking
3 authority;
imposing penalties; and providing for an
4
effective date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8 Section 1. W.S. 39-22-101 through 39-22-111
are
9
created to read:
10
11 CHAPTER 22
12 REAL ESTATE TRANSFER TAX
13
14 39-22-101. Definitions.
15
16 (a) As used in this chapter:
17
Page 1
1 (i) "Real
property" means as defined by W.S.
2 39-11-101(a)(xv)
and includes easements on real property.
3
4 39-22-102. Administration.
5
6 The
department of revenue shall enforce the provisions of
7
this chapter. The department shall promulgate rules and
8
regulations necessary for the implementation and
9
enforcement of this chapter.
10
11 39-22-103. Imposition.
12
13 There is imposed a transfer tax upon the
sale of real
14 property. On any sale of real property, a
transfer tax
15 shall be imposed upon the total amount of
the real property
16 sale.
17
18 39-22-104. Taxation rate.
19
20 (a) The tax rate shall be as follows:
21
22 (i) One hundred
thousand dollars ($100,000.00)
23 or less - one-quarter percent (1/4%);
24
Page 2
1 (ii) More than
one hundred thousand dollars
2
($100,000.00) but less than or equal to four hundred
3
thousand dollars ($400,000.00) - one-half percent (1/2%) of
4 the
amount of the sale which exceeds one hundred thousand
5
dollars ($100,000.00) in addition to the tax imposed by
6
paragraph (i) of this subsection;
7
8 (iii) More than
four hundred thousand dollars
9 ($400,000.00)
but less than or equal to eight hundred
10 thousand dollars ($800,000.00) - one percent
(1%) of the
11 amount of the sale which exceeds three
hundred thousand
12 dollars ($300,000.00) in addition to the
taxes imposed by
13 paragraphs (i) and (ii) of this subsection;
14
15 (iv) More than
eight hundred thousand dollars
16 ($800,000.00) - one and one-half percent (1
1/2%) of the
17 amount of the sale which exceeds eight
hundred thousand
18 dollars ($800,000.00) in addition to the
taxes imposed by
19 paragraphs (i) through (iii) of this
subsection.
20
21 39-22-105. Exemptions.
22
23 (a) The tax
shall not be imposed upon any of the
24 following:
Page 3
1
2 (i) Any
transfer from an instrument that
3 confirms,
corrects, modifies or supplements a previously
4
recorded instrument without added consideration;
5
6 (ii) Any
transfer of title without consideration
7
from one (1) joint tenant or tenant in common to one (1) or
8
more remaining joint tenants or tenants in common;
9
10 (iii) Any
transfer of title to property without
11 consideration when held in the name of one
(1) spouse to
12 both spouses as joint tenants or tenants in common, or as
13 community property;
14
15 (iv) Any
transfer of title between spouses,
16 including any gift between spouses;
17
18 (v) Any
transfer of title between spouses to
19 effect a property settlement agreement or
between former
20 spouses in compliance with a decree of
divorce;
21
22 (vi) Any
transfer of title without consideration
23 to or from a trust;
24
Page 4
1 (vii) Any
transfer or other conveyance of real
2
property to or from a corporation or other business entity
3 by
one (1) or more persons if the transfer or conveyance
4
does not alter the percentage of ownership interest in the
5
real property of any person;
6
7 (viii) Any
transfer or other conveyance of real
8
property if the owner of the property is related, within
9 the
first degree of consanguinity of blood or marriage, to
10 the person to whom it is conveyed;
11
12 (ix) Any
transfer or other conveyance of real
13 property to make effective any plan of
reorganization or
14 adjustment under which a mere change in
identity, form or
15 place of organization is effected, such as a
transfer
16 between a corporation and its parent
corporation or a
17 subsidiary corporation;
18
19 (x) Any
transfer of real property due to the
20 sale of the property for delinquent taxes or
assessments or
21 a sale or transfer pursuant to foreclosure;
22
23 (xi) Any
transfer of real property by a county
24 certificate of purchase or a sheriff's deed;
Page 5
1
2 (xii) Any
transfer of a residential real
3 property
sale to a first time home buyer meeting the
4
definition and income levels of the Wyoming community
5
development authority in the administration of the mortgage
6
revenue bond program;
7
8 (xiii) That
portion of the value of any transfer
9 of
agricultural land, as defined by W.S. 39-13-101(a)(iii),
10 up to one and one-half (1 1/2) times
the agricultural value
11 of the land as determined by the county
assessor for the
12 previous calendar year;
13
14 (xiv) Any
exchange of real property up to the
15 lesser value of the properties being
exchanged;
16
17 (xv) Any
transfer of real property exempted from
18 taxation under W.S. 39-11-105(a)(i) through
(viii), and any
19 property protected from taxation under the
Wyoming
20 constitution;
21
22 (xvi) Any
transfer of property pursuant to a
23 contract executed prior to July 1, 2001;
24
Page 6
1 (xvii) Any
transfer of real property interests
2 in
minerals;
3
4 (xviii) Any
transfer of real property used for
5
industrial purposes as defined by W.S.
6 39-11-101(a)(xiv)(B);
7
8 (xix) Any other
transfer or other conveyance
9
which the department of revenue exempts upon a finding that
10 the transfer does not represent a true
conveyance of
11 property.
12
13 39-22-106. Licensing; permits.
14
15 There are no specific applicable provisions
for licenses
16 and permits for this chapter.
17
18 39-22-107. Compliance; collection procedures.
19
20 (a) Returns and
reports. Taxes imposed by this
21 chapter are due and payable at the office of
the county
22 treasurer of the county in which the real
property is
23 located on the date of recordation of the
deed or other
24 instrument making the sale a matter of
public record. The
Page 7
1 tax
shall only be collected on the price paid for real
2
property. The county clerk shall not record a document
3
transferring legal or equitable title to real property
4
until all taxes due under this chapter have been paid to
5 the
county treasurer. The buyer and seller shall sign
6
before a notary on a form prescribed by the department of
7
revenue, a statement eliciting the information necessary
8 for
the assessment of the tax. The statement is not a
9
public record and shall be held confidential by the county
10 clerk, county assessor, county treasurer,
county board of
11 equalization, state board of equalization
and by the
12 department of revenue.
13
14 (b) It is a
misdemeanor for a person to willfully
15 falsify or publicly disclose, except as
specifically
16 authorized by law, any information on the
statement
17 required by subsection (a) of this section.
Upon
18 conviction, the offender is subject to a
fine of not more
19 than seven hundred fifty dollars ($750.00),
imprisonment
20 for not more than six (6) months, or both.
21
22 (c) Payment.
Payment of the tax may be negotiated
23 between the purchaser and seller of the real
property, and
24 shall be collected from the party recording
the deed or
Page 8
1
other instrument making the sale a matter of public record
2 by
the county treasurer in the form prescribed by the
3
department of revenue.
4
5 (d) Timelines.
There are no specific applicable
6
provisions for timelines for this chapter.
7
8 (e) If the
property being transferred is located in
9
more than one (1) county and the value has not been
10 determined by the buyer and seller as to
each county, the
11 value shall be established by applying the
ratio of the
12 assessed valuation in each county to the
assessed valuation
13 of all property being transferred.
14
15 39-22-108. Enforcement.
16
17 (a) Audits.
There are no specific applicable
18 provisions for audits for this chapter.
19
20 (b) Interest.
There are no specific applicable
21 provisions for interest for this chapter.
22
23 (c) Penalties.
There are no specific applicable
24 provisions for penalties for this chapter.
Page 9
1
2 (d) Liens.
There are no specific applicable
3
provisions for liens for this chapter.
4
5 (e) Tax sales.
There are no specific applicable
6
provisions for tax sales for this chapter.
7
8 39-22-109. Taxpayer remedies.
9
10 There are no specific applicable provisions
for taxpayer
11 remedies for this chapter.
12
13 39-22-110. Statute of limitations.
14
15 There are no specific applicable provisions
for a statute
16 of limitations for this chapter.
17
18 39-22-111. Distribution.
19
20 (a) Taxes
collected by the county treasurer shall be
21 distributed as follows:
22
Page 10
1 (i) Fifty percent
(50%) shall be transferred to
2 the
county treasurer who shall distribute the amount within
3 the
county as follows:
4
5 (A) To the
county, in the proportion that
6 the
population of the county situated outside the corporate
7
limits of its cities and towns bears to the total
8
population of the county including its cities and towns;
9
10 (B) To each
city and town within the
11 county, in the proportion the population of
the city or
12 town bears to the population of the county.
13
14 (ii) Fifty percent
(50%) shall be transferred to
15 the state treasurer for deposit into the
general fund.
16
17 Section 2. This act is effective July 1, 2001.
18
19 (END)
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