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Transfer tax
Transfer tax is imposed on the transfer of land or real property from one person (or entity) to another.
What to know
Things to know
Transfer tax is due when you record a document transferring property, like a deed, and when legal entities change control. At the same time, you will also need to submit a transfer tax affidavit. The transfer tax rate is variable, depending on the consideration paid (purchase price) for deeded transfers or the fair market value for legal entity transfers.
What to do
Complete a Transfer Tax Affidavit
A Transfer Tax Affidavit explains the nature of your transaction and determines if the transfer is taxable.
You must submit a Transfer Tax Affidavit to our office when recording a document with our office that transfers any land, tenements, or other realty in the City.
This includes documents such as:
- a deed (all types),
- a memorandum of lease,
- a grant of easement,
- an assignment of a lease or sublease,
- a certificate of transfer of TDRs,
- or a document or documents effecting an Unrecorded Legal Entity Transaction, even if no transfer tax is due.
Submission Deadline: At the time of submitting a Deed (all types), a Memorandum of Lease, a Grant of Easement, an Assignment of a Lease, an Assignment of a Sublease, or an Unrecorded Legal Entity Transaction, even if no transfer tax is due.
The Transfer Tax Affidavit must be filled out in English. We have provided Chinese, Spanish and Tagalog versions for reference.
Additionally, when transferring property, you must submit a Preliminary Change of Ownership Report.
The authority to collect transfer taxes and list of documentary transfer tax exemptions are codified in Article 12C of the San Francisco Business and Tax Regulations Code.
Supporting information
Special cases
Leaseholds
Transfer taxes are also imposed on leaseholds with a term of 35 years or more, and transfers involving legal entities that own real property in San Francisco.
Exemptions
Exemptions will only be made if the recording party claims a valid documentary transfer tax exemption (see transfer tax affidavit for valid exemptions and to calculate transfer taxes). If a transfer tax exemption is claimed, written documentation proving the exemption must be submitted at the time of recording, otherwise transfer taxes are due. Written documentation includes, but is not limited to, copies of trust or formation documents of legal entities (i.e. LLC operating agreement, Corporate By Laws/Minutes/Register, partnership agreement, etc.)
A Transfer Tax Affidavit must accompany all documents submitted for recordation in which transfer tax is due, or an exemption is claimed.
To see what other types of transactions are exempt from transfer tax, visit our learn about transfer tax page.
Determining your transfer tax rate
- If entire value or consideration is more than $100 but less or equal to $250,000, your tax rate is $2.50 for each $500 or portion thereof
- If entire value or consideration is more than $250,000 but less than $1,000,000, your tax rate is $3.40 for each $500 or portion thereof.
- If entire value or consideration is $1,000,000 or more but less than $5,000,000, your tax rate is $3.75 for each $500 or portion thereof.
- If entire value or consideration is $5,000,000 or more but less than $10,000,000, your tax rate is $11.25 for each $500 or portion thereof.
- If entire value or consideration is $10,000,000 or more but less than $25,000,000, your tax rate is $27.50 for each $500 or portion thereof.
- If entire value or consideration is $25,000,000 or more, your tax rate is $30.00 for each $500 or portion thereof.
Get help
Address
1 Dr. Carlton B Goodlett, Room 190
San Francisco, CA 94102
Our regular office hours are from 8:00 am to 5:00 PM. Our in-person document recording hours are from 8:00 am to 4:00 pm.
Phone
Partner agencies
What to know
Things to know
Transfer tax is due when you record a document transferring property, like a deed, and when legal entities change control. At the same time, you will also need to submit a transfer tax affidavit. The transfer tax rate is variable, depending on the consideration paid (purchase price) for deeded transfers or the fair market value for legal entity transfers.
What to do
Complete a Transfer Tax Affidavit
A Transfer Tax Affidavit explains the nature of your transaction and determines if the transfer is taxable.
You must submit a Transfer Tax Affidavit to our office when recording a document with our office that transfers any land, tenements, or other realty in the City.
This includes documents such as:
- a deed (all types),
- a memorandum of lease,
- a grant of easement,
- an assignment of a lease or sublease,
- a certificate of transfer of TDRs,
- or a document or documents effecting an Unrecorded Legal Entity Transaction, even if no transfer tax is due.
Submission Deadline: At the time of submitting a Deed (all types), a Memorandum of Lease, a Grant of Easement, an Assignment of a Lease, an Assignment of a Sublease, or an Unrecorded Legal Entity Transaction, even if no transfer tax is due.
The Transfer Tax Affidavit must be filled out in English. We have provided Chinese, Spanish and Tagalog versions for reference.
Additionally, when transferring property, you must submit a Preliminary Change of Ownership Report.
The authority to collect transfer taxes and list of documentary transfer tax exemptions are codified in Article 12C of the San Francisco Business and Tax Regulations Code.
Supporting information
Special cases
Leaseholds
Transfer taxes are also imposed on leaseholds with a term of 35 years or more, and transfers involving legal entities that own real property in San Francisco.
Exemptions
Exemptions will only be made if the recording party claims a valid documentary transfer tax exemption (see transfer tax affidavit for valid exemptions and to calculate transfer taxes). If a transfer tax exemption is claimed, written documentation proving the exemption must be submitted at the time of recording, otherwise transfer taxes are due. Written documentation includes, but is not limited to, copies of trust or formation documents of legal entities (i.e. LLC operating agreement, Corporate By Laws/Minutes/Register, partnership agreement, etc.)
A Transfer Tax Affidavit must accompany all documents submitted for recordation in which transfer tax is due, or an exemption is claimed.
To see what other types of transactions are exempt from transfer tax, visit our learn about transfer tax page.
Determining your transfer tax rate
- If entire value or consideration is more than $100 but less or equal to $250,000, your tax rate is $2.50 for each $500 or portion thereof
- If entire value or consideration is more than $250,000 but less than $1,000,000, your tax rate is $3.40 for each $500 or portion thereof.
- If entire value or consideration is $1,000,000 or more but less than $5,000,000, your tax rate is $3.75 for each $500 or portion thereof.
- If entire value or consideration is $5,000,000 or more but less than $10,000,000, your tax rate is $11.25 for each $500 or portion thereof.
- If entire value or consideration is $10,000,000 or more but less than $25,000,000, your tax rate is $27.50 for each $500 or portion thereof.
- If entire value or consideration is $25,000,000 or more, your tax rate is $30.00 for each $500 or portion thereof.
Get help
Address
1 Dr. Carlton B Goodlett, Room 190
San Francisco, CA 94102
Our regular office hours are from 8:00 am to 5:00 PM. Our in-person document recording hours are from 8:00 am to 4:00 pm.