Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB277 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY BILL 277
55 May 17, 2023 - Introduced by Representatives GREEN, KRUG, BEHNKE, BODDEN,
66 MURPHY, MURSAU, O'CONNOR, PLUMER, SCHMIDT, EDMING, OLDENBURG and
77 ALLEN, cosponsored by Senators STAFSHOLT, MARKLEIN, NASS, QUINN and
88 STROEBEL. Referred to Committee on Housing and Real Estate.
99 ***AUTHORS SUBJECT TO CHANGE***
1010 AN ACT to renumber and amend 77.24; to amend 77.22 (1); and to create
1111 77.24 (1) (a) to (c) of the statutes; relating to: the amount and distribution of
1212 the real estate transfer fee.
1313 Analysis by the Legislative Reference Bureau
1414 Current law, generally, requires a person who conveys an interest in real
1515 property to file a real estate transfer return with the county register of deeds and pay
1616 a real estate transfer fee equal to 30 cents for each $100 of the value of the
1717 conveyance. The county retains 20 percent of the fees collected and transmits the
1818 remainder to the state.
1919 This bill decreases the real estate transfer fee from 30 cents to 20 cents for each
2020 $100 of the value of the conveyance. Under the bill, the county retains 30 percent
2121 of the fees collected in 2023 and 2024, 40 percent of the fees collected in 2025, and
2222 50 percent of the fees collected in 2026 and each year thereafter.
2323 For further information see the state and local fiscal estimate, which will be
2424 printed as an appendix to this bill.
2525 The people of the state of Wisconsin, represented in senate and assembly, do
2626 enact as follows:
2727 SECTION 1. 77.22 (1) of the statutes is amended to read:
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3333 SECTION 1 ASSEMBLY BILL 277
3434 77.22 (1) There is imposed on the grantor of real estate a real estate transfer
3535 fee at the rate of 30 20 cents for each $100 of value or fraction thereof on every
3636 conveyance not exempted or excluded under this subchapter. In regard to land
3737 contracts, the value is the total principal amount that the buyer agrees to pay the
3838 seller for the real estate. This fee shall be collected by the register at the time the
3939 instrument of conveyance is submitted for recording. Except as provided in s. 77.255,
4040 at the time of submission the grantee or his or her duly authorized agent or other
4141 person acquiring an ownership interest under the instrument, or the judgment
4242 creditor in the case of a foreclosure under s. 846.16, shall execute a return, signed by
4343 both grantor and grantee, on the form prescribed under sub. (2). The register shall
4444 enter the fee paid on the face of the deed or other instrument of conveyance before
4545 recording, and, except as provided in s. 77.255, submission of a completed real estate
4646 transfer return and collection by the register of the fee shall be prerequisites to
4747 acceptance of the conveyance for recording. The register shall have no duty to
4848 determine either the correct value of the real estate transferred or the validity of any
4949 exemption or exclusion claimed. If the transfer is not subject to a fee as provided in
5050 this subchapter, the reason for exemption shall be stated on the face of the
5151 conveyance to be recorded by reference to the proper subsection under s. 77.25.
5252 SECTION 2. 77.24 of the statutes is renumbered 77.24 (1) (intro.) and amended
5353 to read:
5454 77.24 (1) (intro.) Twenty percent The following percentages of all fees collected
5555 under this subchapter shall be retained by the county and the balance shall be
5656 transmitted to the state.:
5757 (2) Remittances shall be made monthly by the county treasurers to the
5858 department of revenue by the 15th day of the month following the close of the month
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8686 SECTION 2
8787 ASSEMBLY BILL 277
8888 in which the fee was collected. The remittance to the department shall be
8989 accompanied by the returns executed under s. 77.22.
9090 SECTION 3. 77.24 (1) (a) to (c) of the statutes are created to read:
9191 77.24 (1) (a) In 2023 and 2024, 30 percent.
9292 (b) In 2025, 40 percent.
9393 (c) In 2026 and in each year thereafter, 50 percent.
9494 SECTION 4.0Initial applicability.
9595 (1) This act first applies to conveyances filed on the effective date of this
9696 subsection.
9797 (END)
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