Real estate transfer tax in Wyoming: is there one?

Does Wyoming have a transfer tax?

We found none. Title 39 is the state’s taxation code, and it contains no deed, stamp or conveyance tax on real estate sales. Title 34 covers property law; the only charge on transfers it contains is the filing requirement and the limit on private fees explained below. The statutes also authorize no county or city transfer tax that we found. We did not review local ordinances one by one, so ask the county clerk if you want confirmation.

That does not make a sale free of government charges. You still pay recording fees, and the property tax is prorated at closing. See closing costs in Wyoming and Wyoming property tax.

What do you file instead? The statement of consideration

When a deed or contract that transfers title is presented to the county clerk, a sworn statement from the buyer or the buyer’s agent must come with it (W.S. 34-1-142(a)). It lists:

• the names and addresses of seller and buyer;
• the date of sale and the legal description;
• the actual full amount paid and the terms of sale;
• an estimate of the value of any personal property included.

The clerk cannot accept the instrument for recording until the statement arrives (W.S. 34-1-142(b)). The document is still valid between the parties if the statement is missing. Giving false information is a misdemeanor, with a fine of up to $750, up to six months in jail, or both (W.S. 34-1-144).

The statement is not a tax return. The state uses these statements only as data to work out sales-price ratios by county. The assessor may not use one by itself to change an individual property’s value (W.S. 34-1-142(d)). The statement is confidential, but a person who wants to review or contest a property tax assessment can see statements for similar properties (W.S. 34-1-142(e)).

Some transfers may leave out the price. Examples are a correction of a recorded deed, a gift of more than half the value, a transfer between spouses or between parent and child for nominal consideration, and a foreclosure sale (W.S. 34-1-142(c)).

What does recording cost?

The county clerk collects these fees under W.S. 18-3-402(a)(xvi):

Example: a deed of 5 pages (page count assumed) costs $12 + 4 × $3 = $24 to record. A mortgage or deed of trust is recorded under the same schedule, so a 15-page document costs $12 + 14 × $3 = $54. Fees can change when the legislature amends the statute, so confirm with the clerk before closing.

Who pays?

No statute we read assigns the recording fee to the buyer or the seller. The purchase contract decides, so check who pays in yours.

Is a private transfer fee the same thing?

No. A private transfer fee is a charge written into a covenant that is payable to a developer or other private party when a lot is later sold. Wyoming law says a private transfer fee obligation recorded on or after April 1, 2012 does not run with the title and cannot be enforced against a later owner (W.S. 34-28-102). Older obligations must be recorded to be enforceable against a buyer who took title after that date (W.S. 34-28-103). Taxes and fees owed to a government, and homeowners’ association assessments, are outside this definition (W.S. 34-28-101).