Section Tax 15.03 - Imposition of real estate transfer feeA real estate transfer fee is imposed on the grantor of real estate on every conveyance not exempted under s. 77.25, Stats. Real estate conveyances which are taxable under s. 77.22, Stats., include:
(1) Corporation conveyances: (a) From a corporation to a partnership, and from a partnership to a corporation.(b) From an individual to a corporation, and from a corporation to an individual.(c) From a corporation to its stockholders pursuant to a plan of liquidation.(d) From one corporation to another, both of which have the same parent corporation, that is, conveyances between "sister" corporations.(e) From a corporation to another caused by a "spin-off." A spin-off occurs when, after a part of the assets of corporation 'A' is transferred to corporation 'B' controlled by the transferor `A,' stock or securities in the latter 'B' are distributed to the shareholders of the controlling corporation 'A,' without a surrender by corporation 'B's' shareholders of any of their stock or securities.(f) From a corporation to another caused by a "split-up." In a split-up the distributing corporation `A' transfers its assets to 2 or more newly created corporations in exchange for their stock and effects a complete liquidation, `A's' shareholders receiving stock in the new corporations in exchange for the distributing corporation's stock.(g) From one corporation to another pursuant to any bankruptcy provision.(h) From a parent corporation to a subsidiary corporation in exchange for stock.(2) Conveyances by means of a sheriff's sale where the grantee is a third party with no prior interest in the deed or mortgage.(3) Conveyances of real property between stepchildren, natural children or stepparent and stepchild.(4) Conveyances by dissolution of a partnership.(5) Conveyances between an individual and a tax-exempt organization.(6) Conveyances of timber or mineral rights.(7) Court ordered conveyances by a county to satisfy an old age assistance lien.(8) Conveyances of a remainder interest in real property.(9) Conveyances of real property from a trust or to a trustee.(10) Bankruptcy court ordered conveyances.Wis. Admin. Code Department of Revenue Tax 15.03
Cr. Register, December, 1981, No. 312, eff. 1-1-82; CR 13-037: renum. (2) intro. to (2) and am., r. (2) (a) to (c) Register February 2014 No. 698, eff. 3-1-14. This section interprets s. 77.22(1), Stats.