Form Pe-500 - Instructions For Wisconsin Real Estate Transfer Return Page 3
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4PART X – INSTRUCTIONS FOR AUTHORIZED COUNTY OFFICIALS – Also See Separate Instructions, form PE-100
The Register of Deeds should not record the deed unless the Real Estate Transfer Return is filled out completely. All information on the return is
useful to the local assessor, other municipal and county officials and staff of the Wisconsin Department of Revenue who have a statutory
responsibility in the administration of Wisconsin tax laws. Section 77.22(1) of the Wisconsin Statutes provides that “...submission of a completed
real estate transfer return and collection by the Register of the fee shall be prerequisites to acceptance of the conveyance for recording.”
(85-101) After you have reviewed and accepted the form, enter the Document Number, Volume/Jacket, Page/Image (as applies), date recorded,
date of conveyance, conveyance code and county/municipal code.
EXCLUSIONS – PART III – ENERGY
Codes
Energy – Exclusion From Commerce’s Rental Weatherization Program
W-1
Building has one to four units and will be occupied by purchaser as primary residence for at least one year beginning within 60 days of
transfer.
W-2
Property was transferred prior to 1/1/85 by land contract and grantee has not changed.
W-3
This is an exempt transfer per section 77.25 (not including 77.25(2)). (Exemptions from fee are listed below.)
W-4
Unit(s) will not be rented between November 1 and March 31 of each year (include summer homes, vacation homes and second homes).
W-5
Building is less than 10 years old based on building permit issue date.
W-6
Transfer in court declared bankruptcy. (Grantee must have had a financial interest prior to this transaction.)
W-7
Vacant land, nonresidential property or mobile home.
W-8
Building constructed after December 1, 1978 which contains 1 or 2 units; or any building with more than 2 units constructed after April
15, 1976.
W-9
Partnership, stock or other conveyance/assignment that does not create or change a controlling interest (51% or more). Includes recorded
satisfaction of land contracts that were certified more than five years ago wherein the grantee has not changed.
W-10
Meets Performance Energy Efficiency Standards of COMM 67.055.
W-11
Other, including court judgment, other probate besides s.77.25(11), no rent e.g. life estate, condo conversion, etc. (attach written
explanation for use by Department of Commerce).
W-12
Building has a recorded Certificate of Compliance from DILHR or Department of Commerce.
W-13
Condominium which is in building containing 3 ore more units.
EXEMPTIONS FROM FEE – PART VII, LINE 27
Penalties will be assessed for improperly claimed exemptions and understatement of values. See Sections 77.26(8) & 77.27 of the Wis. Statutes.
SECTION 77.25 – EXEMPTIONS FROM FEE: The fees imposed by this subchapter do not apply to a conveyance:
*(1) Prior to the effective date of this subchapter (October 1, 1969).
(2) From the United States or from this state or from any instrumentality, agency, or subdivision of either.
(2g) By gift, to the United States or to this state or to any instrumentality, agency or subdivision of either.
*(2r) Under s.236.29(1) or (2) or 236.34(1)(c) or for the purpose of a road, street or highway, to the United States or to this state or to any
instrumentality, agency or subdivision of either.
(3) Which, executed for nominal, inadequate or no consideration, confirms, corrects or reforms a conveyance previously recorded.
*(4) On sale for delinquent taxes or assessments.
(5) On partition. (Means the division among several persons of real property, including noncontiguous real property, that belongs to them as
co-owners, see s.77.21(1k).)
(6) Pursuant to mergers of corporations. (Means the combination of two or more corporations under a plan of merger or a plan of
consolidation, or the combination of two or more limited liability companies under a plan of merger, see s.77.21(1e).)
(7) By a subsidiary corporation to its parent for no consideration, nominal consideration or in sole consideration or cancellation, surrender
or transfer of capital stock between parent and subsidiary corporation.
(8) Between parent and child, stepparent and stepchild, parent and son-in-law or parent and daughter-in-law for nominal or no consideration.
(Value on Part VII, line (55) must be stated.)
(8m) Between husband and wife. Effective September 1, 1996. (See Tax 15.05(4) Wis. Adm. Code for transfers pursuant to divorce decree.)
(9) Between agent and principal or from a trustee to a beneficiary without actual consideration.
(10) Solely in order to provide or release security for a debt.
*(11) By will, descent or survivorship.
(12) Pursuant to or in lieu of condemnation.
(13) Of real estate having a value of $100 or less.
(14) Under a foreclosure or a deed in lieu of a foreclosure to a person holding a mortgage or to a seller under a land contract.
(15) Between a corporation and its shareholders if all of the stock is owned by persons who are related to each other as spouses, lineal
ascendants, lineal descendants, siblings or spouses of siblings if the transfer is for no consideration except the assumption of debt or
stock of the corporation and if the corporation owned the property for at least 3 years.
(15m) Between a partnership and one or more partners if all of the partners are related to each other as spouses, lineal ascendants, lineal
descendants, or spouses of siblings and if the transfer is for no consideration other than the assumption of debt or an interest in the
partnership. (Effective July 1, 1992.)
(15s) Between a limited liability company and one or more of its members if all the members are related to each other as spouses, lineal
ascendants, lineal descendants, siblings, or spouses of siblings and if the transfer is for no consideration other than the assumption of
debt or an interest in the limited liability company. (Effective January 1, 1994.)
(16) To a trust if a transfer from the grantor to the beneficiary of the trust would be exempt under this section.
(17) Of a deed executed in fulfillment of a land contract if the proper fee was paid when the land contract or an instrument evidencing the
land contract was recorded.
(18) To a local exposition district under subch.11 of Ch. 229.
(20) Made under s. 184.15.
* Conveyances exempt from the fee because of Section 77.25(1), (2r), (4), or (11) are also exempt from the return. No return is r equired with respect to
conveyances exempt under s.77.25(2) unless the transferor is also a lender for the transaction.
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