Delaware 2023 2023-2024 Regular Session

Delaware House Bill HB343 Draft / Bill

                    SPONSOR:      Rep. Yearick & Sen. Buckson       Reps. Gray, Matthews, D. Short; Sens. Hocker, Wilson           HOUSE OF REPRESENTATIVES   152nd GENERAL ASSEMBLY       HOUSE BILL NO. 343       AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO DECREASING THE STATE'S REALTY TRANSFER TAX RATE OF TAXATION.      

     

     SPONSOR:      Rep. Yearick & Sen. Buckson       Reps. Gray, Matthews, D. Short; Sens. Hocker, Wilson     

SPONSOR: Rep. Yearick & Sen. Buckson
Reps. Gray, Matthews, D. Short; Sens. Hocker, Wilson

 SPONSOR:  

 Rep. Yearick & Sen. Buckson 

 Reps. Gray, Matthews, D. Short; Sens. Hocker, Wilson 

   

 HOUSE OF REPRESENTATIVES 

 152nd GENERAL ASSEMBLY 

   

 HOUSE BILL NO. 343 

   

 AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO DECREASING THE STATE'S REALTY TRANSFER TAX RATE OF TAXATION. 

   

  BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:   Section 1. Amend 5402, Title 30 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:    5402. Rate of tax; when payable; exception [For application of this section, see 81 Del. Laws, c. 56, 2 and 81 Del. C. 384, 3].   (a) (1)  Every person who makes, executes, delivers, accepts or presents for recording any document, except as defined or described in 5401(5) of this title, or in whose behalf any document is made, executed, delivered, accepted or presented for recording shall be subject to pay for and in respect to the transaction, or any part thereof, a realty transfer tax at the rate of 3 percent of the value of the property represented by such document, unless the municipality or county where the property is located has enacted the full 1 percent realty transfer tax authorized by 1601 of Title 22 or 8102 of Title 9, in which case 2 percent, which tax shall be payable at the time of making, execution, delivery, acceptance or presenting of such document for recording. Said tax is to be apportioned equally between grantor and grantee.   (a)(2) For every residential property conveyance having a property value less than $500,000, or every commercial property conveyance having a property value less than $1,000,000, every person who makes, executes, delivers, accepts or presents for recording any document except as defined or described in 5401(5) of this title, or in whose behalf any document is made, executed. delivered, accepted or presented for recording shall be subject to pay for and in respect to the transaction, or any pert thereof, a realty transfer tax at the rate of 2.75 percent of the value of the property represented by such document, unless the municipality or county where the property is located has enacted the full 1 percent realty transfer tax authorized by 1601 of Title 22 or 8102 of Title 9, in which case 2.25 percent, which tax shall be payable at the time of making, execution, delivery, acceptance or presenting of such document for recording. Said tax is to be apportioned equally between grantor and grantee.   Section 2. Amend 5402, Title 30 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:    5402. Rate of tax; when payable; exception [For application of this section, see 81 Del. Laws, c. 56, 2 and 81 Del. C. 384, 3].   (a) (1)  Every person who makes, executes, delivers, accepts or presents for recording any document, except as defined or described in 5401(5) of this title, or in whose behalf any document is made, executed, delivered, accepted or presented for recording shall be subject to pay for and in respect to the transaction, or any part thereof, a realty transfer tax at the rate of 3 percent of the value of the property represented by such document, unless the municipality or county where the property is located has enacted the full  1  percent realty transfer tax authorized by 1601 of Title 22 or 8102 of Title 9, in which case 2.25 percent, which tax shall be payable at the time of making, execution, delivery, acceptance or presenting of such document for recording. Said tax is to be apportioned equally between grantor and grantee.   (a)(2) For every residential property conveyance having a property value less than $500,000, or every commercial property conveyance having a property value less than $1,000,000, every person who makes, executes, delivers, accepts or presents for recording any document except as defined or described in 5401(5) of this title, or in whose behalf any document is made, executed. delivered, accepted or presented for recording shall be subject to pay for and in respect to the transaction, or any pert thereof, a realty transfer tax at the rate of 2.50 percent of the value of the property represented by such document, unless the municipality or county where the property is located has enacted the full 1 percent realty transfer tax authorized by 1601 of Title 22 or 8102 of Title 9, in which case 2.0 percent, which tax shall be payable at the time of making, execution, delivery, acceptance or presenting of such document for recording. Said tax is to be apportioned equally between grantor and grantee.   Section 3. Amend 5402, Title 30 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:    5402. Rate of tax; when payable; exception [For application of this section, see 81 Del. Laws, c. 56, 2 and 81 Del. C. 384, 3].   (a) (1)  Every person who makes, executes, delivers, accepts or presents for recording any document, except as defined or described in 5401(5) of this title, or in whose behalf any document is made, executed, delivered, accepted or presented for recording shall be subject to pay for and in respect to the transaction, or any part thereof, a realty transfer tax at the rate of 3 percent of the value of the property represented by such document, unless the municipality or county where the property is located has enacted the full 1 percent realty transfer tax authorized by 1601 of Title 22 or 8102 of Title 9, in which case 2 1/2 percent, which tax shall be payable at the time of making, execution, delivery, acceptance or presenting of such document for recording. Said tax is to be apportioned equally between grantor and grantee.   (a)(2) For every residential property conveyance having a property value less than $500,000, or every commercial property conveyance having a property value less than $1,000,000, every person who makes, executes, delivers, accepts or presents for recording any document except as defined or described in 5401(5) of this title, or in whose behalf any document is made, executed. delivered, accepted or presented for recording shall be subject to pay for and in respect to the transaction, or any pert thereof, a realty transfer tax at the rate of 2.25 percent of the value of the property represented by such document, unless the municipality or county where the property is located has enacted the full 1 percent realty transfer tax authorized by 1601 of Title 22 or 8102 of Title 9, in which case 1.75 percent, which tax shall be payable at the time of making, execution, delivery, acceptance or presenting of such document for recording. Said tax is to be apportioned equally between grantor and grantee.   Section 4. Amend 5402, Title 30 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:    5402. Rate of tax; when payable; exception [For application of this section, see 81 Del. Laws, c. 56, 2 and 81 Del. C. 384, 3].   (a) (1)  Every person who makes, executes, delivers, accepts or presents for recording any document, except as defined or described in 5401(5) of this title, or in whose behalf any document is made, executed, delivered, accepted or presented for recording shall be subject to pay for and in respect to the transaction, or any part thereof, a realty transfer tax at the rate of 3 percent of the value of the property represented by such document, unless the municipality or county where the property is located has enacted the full 1 percent realty transfer tax authorized by 1601 of Title 22 or 8102 of Title 9, in which case 2 1/2 percent, which tax shall be payable at the time of making, execution, delivery, acceptance or presenting of such document for recording. Said tax is to be apportioned equally between grantor and grantee.   (a)(2) For every residential property conveyance having a property value less than $500,000, or every commercial property conveyance having a property value less than $1,000,000, every person who makes, executes, delivers, accepts or presents for recording any document except as defined or described in 5401(5) of this title, or in whose behalf any document is made, executed. delivered, accepted or presented for recording shall be subject to pay for and in respect to the transaction, or any pert thereof, a realty transfer tax at the rate of 2 percent of the value of the property represented by such document, unless the municipality or county where the property is located has enacted the full 1 percent realty transfer tax authorized by 1601 of Title 22 or 8102 of Title 9, in which case 1.5 percent, which tax shall be payable at the time of making, execution, delivery, acceptance or presenting of such document for recording. Said tax is to be apportioned equally between grantor and grantee.   Section 5. Section 1 of this Act shall become effective January 1, 2025.    Section 2 of this Act shall become effective January 1, 2026.    Section 3 of this Act shall become effective January 1, 2027.    Section 4 of this Act shall become effective January 1, 2028.      

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: 

 Section 1. Amend 5402, Title 30 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 

  5402. Rate of tax; when payable; exception [For application of this section, see 81 Del. Laws, c. 56, 2 and 81 Del. C. 384, 3]. 

 (a) (1)  Every person who makes, executes, delivers, accepts or presents for recording any document, except as defined or described in 5401(5) of this title, or in whose behalf any document is made, executed, delivered, accepted or presented for recording shall be subject to pay for and in respect to the transaction, or any part thereof, a realty transfer tax at the rate of 3 percent of the value of the property represented by such document, unless the municipality or county where the property is located has enacted the full 1 percent realty transfer tax authorized by 1601 of Title 22 or 8102 of Title 9, in which case 2 percent, which tax shall be payable at the time of making, execution, delivery, acceptance or presenting of such document for recording. Said tax is to be apportioned equally between grantor and grantee. 

 (a)(2) For every residential property conveyance having a property value less than $500,000, or every commercial property conveyance having a property value less than $1,000,000, every person who makes, executes, delivers, accepts or presents for recording any document except as defined or described in 5401(5) of this title, or in whose behalf any document is made, executed. delivered, accepted or presented for recording shall be subject to pay for and in respect to the transaction, or any pert thereof, a realty transfer tax at the rate of 2.75 percent of the value of the property represented by such document, unless the municipality or county where the property is located has enacted the full 1 percent realty transfer tax authorized by 1601 of Title 22 or 8102 of Title 9, in which case 2.25 percent, which tax shall be payable at the time of making, execution, delivery, acceptance or presenting of such document for recording. Said tax is to be apportioned equally between grantor and grantee. 

 Section 2. Amend 5402, Title 30 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 

  5402. Rate of tax; when payable; exception [For application of this section, see 81 Del. Laws, c. 56, 2 and 81 Del. C. 384, 3]. 

 (a) (1)  Every person who makes, executes, delivers, accepts or presents for recording any document, except as defined or described in 5401(5) of this title, or in whose behalf any document is made, executed, delivered, accepted or presented for recording shall be subject to pay for and in respect to the transaction, or any part thereof, a realty transfer tax at the rate of 3 percent of the value of the property represented by such document, unless the municipality or county where the property is located has enacted the full  1  percent realty transfer tax authorized by 1601 of Title 22 or 8102 of Title 9, in which case 2.25 percent, which tax shall be payable at the time of making, execution, delivery, acceptance or presenting of such document for recording. Said tax is to be apportioned equally between grantor and grantee. 

 (a)(2) For every residential property conveyance having a property value less than $500,000, or every commercial property conveyance having a property value less than $1,000,000, every person who makes, executes, delivers, accepts or presents for recording any document except as defined or described in 5401(5) of this title, or in whose behalf any document is made, executed. delivered, accepted or presented for recording shall be subject to pay for and in respect to the transaction, or any pert thereof, a realty transfer tax at the rate of 2.50 percent of the value of the property represented by such document, unless the municipality or county where the property is located has enacted the full 1 percent realty transfer tax authorized by 1601 of Title 22 or 8102 of Title 9, in which case 2.0 percent, which tax shall be payable at the time of making, execution, delivery, acceptance or presenting of such document for recording. Said tax is to be apportioned equally between grantor and grantee. 

 Section 3. Amend 5402, Title 30 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 

  5402. Rate of tax; when payable; exception [For application of this section, see 81 Del. Laws, c. 56, 2 and 81 Del. C. 384, 3]. 

 (a) (1)  Every person who makes, executes, delivers, accepts or presents for recording any document, except as defined or described in 5401(5) of this title, or in whose behalf any document is made, executed, delivered, accepted or presented for recording shall be subject to pay for and in respect to the transaction, or any part thereof, a realty transfer tax at the rate of 3 percent of the value of the property represented by such document, unless the municipality or county where the property is located has enacted the full 1 percent realty transfer tax authorized by 1601 of Title 22 or 8102 of Title 9, in which case 2 1/2 percent, which tax shall be payable at the time of making, execution, delivery, acceptance or presenting of such document for recording. Said tax is to be apportioned equally between grantor and grantee. 

 (a)(2) For every residential property conveyance having a property value less than $500,000, or every commercial property conveyance having a property value less than $1,000,000, every person who makes, executes, delivers, accepts or presents for recording any document except as defined or described in 5401(5) of this title, or in whose behalf any document is made, executed. delivered, accepted or presented for recording shall be subject to pay for and in respect to the transaction, or any pert thereof, a realty transfer tax at the rate of 2.25 percent of the value of the property represented by such document, unless the municipality or county where the property is located has enacted the full 1 percent realty transfer tax authorized by 1601 of Title 22 or 8102 of Title 9, in which case 1.75 percent, which tax shall be payable at the time of making, execution, delivery, acceptance or presenting of such document for recording. Said tax is to be apportioned equally between grantor and grantee. 

 Section 4. Amend 5402, Title 30 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 

  5402. Rate of tax; when payable; exception [For application of this section, see 81 Del. Laws, c. 56, 2 and 81 Del. C. 384, 3]. 

 (a) (1)  Every person who makes, executes, delivers, accepts or presents for recording any document, except as defined or described in 5401(5) of this title, or in whose behalf any document is made, executed, delivered, accepted or presented for recording shall be subject to pay for and in respect to the transaction, or any part thereof, a realty transfer tax at the rate of 3 percent of the value of the property represented by such document, unless the municipality or county where the property is located has enacted the full 1 percent realty transfer tax authorized by 1601 of Title 22 or 8102 of Title 9, in which case 2 1/2 percent, which tax shall be payable at the time of making, execution, delivery, acceptance or presenting of such document for recording. Said tax is to be apportioned equally between grantor and grantee. 

 (a)(2) For every residential property conveyance having a property value less than $500,000, or every commercial property conveyance having a property value less than $1,000,000, every person who makes, executes, delivers, accepts or presents for recording any document except as defined or described in 5401(5) of this title, or in whose behalf any document is made, executed. delivered, accepted or presented for recording shall be subject to pay for and in respect to the transaction, or any pert thereof, a realty transfer tax at the rate of 2 percent of the value of the property represented by such document, unless the municipality or county where the property is located has enacted the full 1 percent realty transfer tax authorized by 1601 of Title 22 or 8102 of Title 9, in which case 1.5 percent, which tax shall be payable at the time of making, execution, delivery, acceptance or presenting of such document for recording. Said tax is to be apportioned equally between grantor and grantee. 

 Section 5. Section 1 of this Act shall become effective January 1, 2025. 

  Section 2 of this Act shall become effective January 1, 2026. 

  Section 3 of this Act shall become effective January 1, 2027. 

  Section 4 of this Act shall become effective January 1, 2028. 

   

  SYNOPSIS   This Act reduces the State's rate of realty transfer tax by .25% per year for 4 years, for residential property conveyances having a property value less than $500,000, and for commercial property convenances having a property value less than $1,000,000, starting January 1, 2025. After January 1, 2028, the State's realty transfer tax rate will be the same rate as it was prior to August 1, 2017 for these conveyances.      

 SYNOPSIS 

 This Act reduces the State's rate of realty transfer tax by .25% per year for 4 years, for residential property conveyances having a property value less than $500,000, and for commercial property convenances having a property value less than $1,000,000, starting January 1, 2025. After January 1, 2028, the State's realty transfer tax rate will be the same rate as it was prior to August 1, 2017 for these conveyances.