Ken Lam Realty · Tools

Transfer tax by city: how much, and who pays

Pick the city and the price. County, city and Measure E/G add up right away. Numbers on open are an example.

Sale price

City

What kind of transfer?

Closing date

Who pays

County documentary tax $0
 $0
 $0
Total transfer tax$0
Seller pays $0
Buyer pays$0

Estimate. Who pays is custom, not law: it is negotiable in the contract. Escrow and title compute the final number.

When is it $0?

R&T 11911 Gift, no money paidTax is on consideration only. No price, no tax. Taking over the loan can count as consideration.
R&T 11930 Inheritance, or into / out of a trust with no saleWrite "R&T 11930, transfer to trust, no consideration" on the deed for your own living trust.
R&T 11927 Spouses in a divorce or legal separationDeed between spouses under a divorce or separation.
R&T 11925 Into your own LLC, same % ownershipSame people, same shares before and after. Change the shares later and tax can come back.

Common mistake: "Transfer tax is a small fee." In Santa Clara County it is, about $1.10 per $1,000. Cross into San Jose above $2.3M, or Oakland and Berkeley, and it jumps to tens of thousands. The rate also applies to the whole price, not just the part above the line. $1 over can cost more than $17,000.

Next step

Selling? See everything you take home after commission, escrow and this tax: T21.
Not a sale, but a gift, inheritance or trust? See every tax that applies: T320.
Giving the house to your child? Check the property tax side: T322.

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