Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB274 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 SENATE BILL 274
55 May 8, 2023 - Introduced by Senators STAFSHOLT, MARKLEIN, NASS, QUINN and
66 STROEBEL, cosponsored by Representatives GREEN, BEHNKE, BODDEN, KRUG,
77 MURPHY, MURSAU, O'CONNOR, PLUMER, SCHMIDT, ROZAR, EDMING and
88 OLDENBURG. Referred to Committee on Housing, Rural Issues and Forestry.
99 AN ACT to renumber and amend 77.24; to amend 77.22 (1); and to create
1010 77.24 (1) (a) to (c) of the statutes; relating to: the amount and distribution of
1111 the real estate transfer fee.
1212 Analysis by the Legislative Reference Bureau
1313 Current law, generally, requires a person who conveys an interest in real
1414 property to file a real estate transfer return with the county register of deeds and pay
1515 a real estate transfer fee equal to 30 cents for each $100 of the value of the
1616 conveyance. The county retains 20 percent of the fees collected and transmits the
1717 remainder to the state.
1818 This bill decreases the real estate transfer fee from 30 cents to 20 cents for each
1919 $100 of the value of the conveyance. Under the bill, the county retains 30 percent
2020 of the fees collected in 2023 and 2024, 40 percent of the fees collected in 2025, and
2121 50 percent of the fees collected in 2026 and each year thereafter.
2222 For further information see the state and local fiscal estimate, which will be
2323 printed as an appendix to this bill.
2424 The people of the state of Wisconsin, represented in senate and assembly, do
2525 enact as follows:
2626 SECTION 1. 77.22 (1) of the statutes is amended to read:
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3232 SECTION 1 SENATE BILL 274
3333 77.22 (1) There is imposed on the grantor of real estate a real estate transfer
3434 fee at the rate of 30 20 cents for each $100 of value or fraction thereof on every
3535 conveyance not exempted or excluded under this subchapter. In regard to land
3636 contracts, the value is the total principal amount that the buyer agrees to pay the
3737 seller for the real estate. This fee shall be collected by the register at the time the
3838 instrument of conveyance is submitted for recording. Except as provided in s. 77.255,
3939 at the time of submission the grantee or his or her duly authorized agent or other
4040 person acquiring an ownership interest under the instrument, or the judgment
4141 creditor in the case of a foreclosure under s. 846.16, shall execute a return, signed by
4242 both grantor and grantee, on the form prescribed under sub. (2). The register shall
4343 enter the fee paid on the face of the deed or other instrument of conveyance before
4444 recording, and, except as provided in s. 77.255, submission of a completed real estate
4545 transfer return and collection by the register of the fee shall be prerequisites to
4646 acceptance of the conveyance for recording. The register shall have no duty to
4747 determine either the correct value of the real estate transferred or the validity of any
4848 exemption or exclusion claimed. If the transfer is not subject to a fee as provided in
4949 this subchapter, the reason for exemption shall be stated on the face of the
5050 conveyance to be recorded by reference to the proper subsection under s. 77.25.
5151 SECTION 2. 77.24 of the statutes is renumbered 77.24 (1) (intro.) and amended
5252 to read:
5353 77.24 (1) (intro.) Twenty percent The following percentages of all fees collected
5454 under this subchapter shall be retained by the county and the balance shall be
5555 transmitted to the state.:
5656 (2) Remittances shall be made monthly by the county treasurers to the
5757 department of revenue by the 15th day of the month following the close of the month
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8585 SECTION 2
8686 SENATE BILL 274
8787 in which the fee was collected. The remittance to the department shall be
8888 accompanied by the returns executed under s. 77.22.
8989 SECTION 3. 77.24 (1) (a) to (c) of the statutes are created to read:
9090 77.24 (1) (a) In 2023 and 2024, 30 percent.
9191 (b) In 2025, 40 percent.
9292 (c) In 2026 and in each year thereafter, 50 percent.
9393 SECTION 4.0Initial applicability.
9494 (1) This act first applies to conveyances filed on the effective date of this
9595 subsection.
9696 (END)
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