Instructions For Wisconsin Real Estate Transfer Return (Page 4 of 4) in pdf

W-9

NO MAJORITY INTEREST ChANGE - Partnership, stock

cancellation, surrender or transfer of capital stock between

or other conveyance or assignment that does not create

parent and subsidiary corporation.

or change a controlling interest of 51% or more.

(8) Between parent and child, stepparent and stepchild, parent

W-11 OThER - Other, including court judgment; other probate

and son-in-law or parent and daughter-in-law for nominal

besides s.77.25 (11), STATS; no rent situations such as in

or no consideration. (Value on Part IV, Line 18 must be

an e.g. a life estate; condo or co-op conversion, etc. (Ex-

stated.)

planation required for use by Department of Commerce).

(8m) Between husband and wife.

This exclusion is not appropriate in situations wherein

parents purchase a building which their children occupy,

(9) Between agent and principal or from a trustee to a ben-

regardless of how the mortgage payments are made.

eficiary without actual consideration.

W-12 PRE-EXISTING CERTIFICATE OF COMPLIANCE - Build-

(10) Solely in order to provide or release security for a debt.

ing has a recorded Certificate of Compliance from DILhR

(10m) Solely to designate a TOD beneficiary under s. 705.15.

or Department of Commerce. Enter Register of Deeds

document number of recorded certificate.

*(11) By will, descent or survivorship.

W-13 CONDOMINIUM EXCLUSION - This is a condominium

which is in a building containing 3 or more units.

(11m) By nonprobate transfer on death under s. 705.15.

(12) Pursuant to or in lieu of condemnation.

EXEMPTIONS FROM FEE – SECTION 77.25 – PART IV

(13) Of real estate having a value of $100 or less.

Line 20

(14) Under a foreclosure or a deed in lieu of a foreclosure to

Penalties will be assessed for improperly claimed exemptions

and understatement of values. See s. 77.26(8) & 77.27 of the

a person holding a mortgage or to a seller under a land

contract.

Wis. Stats.

(15) Between a corporation and its shareholders if all of the

EXEMPTIONS FROM FEE: The fees imposed by this subchapter

stock is owned by persons who are related to each other

do not apply to a conveyance:

as spouses, lineal ascendants, lineal descendants or

*(1) Prior to the effective date of this subchapter (October 1,

siblings, whether by blood or by adoption, or as spouses

1969).

of siblings, if the transfer is for no consideration except

the assumption of debt or stock of the corporation and if

(2) From the United States or from this state or from any

the corporation owned the property for at least 3 years.

instrumentality, agency, or subdivision of either.

(15m) Between a partnership and one or more partners if all of

(2g) By gift, to the United States or to this state or to any

the partners are related to each other as spouses, lineal

instrumentality, agency or subdivision of either.

ascendants, lineal descendants or siblings, whether by

*(2r) Under s. 236.29(1) or (2) or 236.34(1)(e) or for the purpose

blood or by adoption, or as spouses of siblings and if the

transfer is for no consideration other than the assumption

of a road, street or highway, to the United States or to this

of debt or an interest in the partnership. (Effective July 1,

state or to any instrumentality, agency or subdivision of

1992.)

either.

(15s) Between a limited liability company and one or more of

(3) Which, executed for nominal, inadequate or no

consideration, confirms, corrects or reforms a convey-

its members if all the members are related to each other

as spouses, lineal ascendants, lineal descendants or

ance previously recorded.

siblings, whether by blood or by adoption, or as spouses

*(4) On sale for delinquent taxes or assessments.

of siblings and if the transfer is for no consideration other

(5) On partition. (Means the division among several persons

than the assumption of debt or an interest in the limited

liability company. (Effective January 1, 1994.)

of real property, including noncontiguous real property,

that belongs to them as co-owners, see s. 77.21(1k).)

(16) To a trust if a transfer from the grantor to the beneficiary

(6) Pursuant to mergers of corporations. (Means the merger or

of the trust would be exempt under this section.

combination of or more corporations, nonstock corpora-

(17) Of a deed executed in fulfillment of a land contract if

tions, limited liability companies, or limited partnerships,

the proper fee was paid when the land contract or an

or any combination thereof, under a plan of merger or a

instrument evidencing the land contract was recorded.

plan of consolidation permitted by the laws that govern the

(18) To a local exposition district under subch. II of Ch. 229.

entities. See s. 77.21(1e).)

(20) Made under s. 184.15.

(6d) Pursuant to partnerships registering as limited liability part-

nerships under s. 178.40. (Effective October 1, 2002.)

(21) Of transmission facilities or land rights to the trans-

mission company, as defined in s. 196.485(1)(ge),

(6m) Pursuant to the conversion of a business entity to an-

under s. 196.485(5)(b) or (c) or (6)(a)1. in exchange for

other form of business entity under s. 179.76, 180.1161,

securities, as defined in s. 196.485(1)(fe).

181.1161, or 183.1207, if after the conversion, the own-

ership interests in the new entity are identical with the

*Conveyances exempt from the fee because of s. 77.25(1), (2r),

ownership interests in the original entity immediately

(4), or (11) are also exempt from the return. No return is required

preceding the conversion. (Effective October 1, 2002.)

with respect to conveyances exempt under s. 77.25(2) unless

(7) By a subsidiary corporation to its parent for no consider-

the transferor is also a lender for the transaction.

ation, nominal consideration or in sole consideration or

Questions about how to fill out or file the Real Estate Transfer Return?

n Information is available on the Internet at the Wisconsin DOR website: Go to: Business

or Individual. Then click on “Real Estate Transfer”.

n You can also contact your County Register of Deeds. Information on the RODs may be found at

Instructions For Wisconsin Real Estate Transfer Return Page 4

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