18-125-207 Me. Code R. § 04

Current through 2024-51, December 18, 2024
Section 125-207-04 - Tax
A. The real estate transfer tax rate is $2.20 for each $500 or fractional part of $500 of the value of Maine real property transferred. Half of the real estate transfer tax is imposed on the transferor(s) and half is imposed on the transferee(s). The real estate transfer tax is adjusted by the percentage of interest transferred. For example, if a 75% interest in an entity owning Maine real property is transferred, the real estate transfer tax will be based on 75% of the value of the real property transferred.
B. If the real estate transfer tax is based on the market value of the real property, rather than the actual consideration paid, the reported value is subject to review by MRS. In determining whether the reported market value is reasonable, MRS may consider any or all of the following:
1. A recent appraisal of the property;
2. An allocation of assets by the grantor or the grantee made pursuant to section 1060 of the Internal Revenue Code and reported to the Internal Revenue Service;
3. The equalized value of the property based on the municipal property tax rolls on the date of sale. "Equalized value" means the value assessed by the municipality for property tax purposes adjusted to market value by MRS; and
4. Other evidence that the transferor or transferee may present to prove market value of the property.
C. A controlling interest transfer must be reported to the register of deeds in the county or counties in which the real property in question is located as described in section .05 below.

18-125 C.M.R. ch. 207, § 04