Delaware Realty Transfer Tax - Return And Affidavit Of Gain And Value

Realty Transfer Tax - Return And Affidavit Of Gain And Value
5402 Realty Transfer Tax ReturnSTATE OF DELAWARE
Division of Revenue
820 N. French Street
P.O. Box 8750
Wilmington,Delaware
19899-8750

REALTY TRANSFER TAX RETURN
AND
AFFIDAVIT OF GAIN AND VALUE
FORM 5402

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*DF42717019999*

Rev. Code 0050

DF42717019999

Form 5402 must be completed for all conveyances and must be presented at the time of recording.

PART A - TO BE COMPLETED BY GRANTOR/SELLER

Enter Employer Identification Number or Social Security Number of the Grantor
1.
2.
3.

Name of Grantor
Address

City
County
4.

State

Zip Code

5.
The Grantor is a:

Resident Individual

Non-Resident Individual

Domestic Corporation (Delaware)

Foreign Corporation (Non-Delaware)

S Corporation

Government Agency

Fiduciary (Estate or Trust)
Partnership

Non-Profit Corporation

Date of real estate conveyance

PART B - TO BE COMPLETED BY GRANTEE/BUYER

Enter Employer Identification Number or Social Security Number of the Grantee

1.
2. Name of Grantee
3. Address

City

State

Zip Code

County

4.
The Grantee is a:

Resident Individual

Non-Resident Individual

Domestic Corporation (Delaware)

Foreign Corporation (Non-Delaware)

S Corporation

Government Agency

Fiduciary (Estate or Trust)
Partnership

Non-Profit Corporation

PART C - PROPERTY LOCATION AND COMPUTATION OF THE TAX
1. Address

City

State

Zip Code

County
New Castle
Kent
Sussex

2. Enter the amount of consideration received including cash, checks, mortgages, liens, encumbrances,
and any other good and valuable consideration .................................................................................................................. $
Was like kind property exchanged?
Yes
No (If yes, see instructions.)
3. Enter the highest assessed value (for local tax purposes) of the real estate being conveyed ........................................... $
Was like kind property exchanged?
Yes
No (If yes, see instructions.)
4. Enter the greater of Line 2 or Line 3 .................................................................................................................................... $
5. Percentage rate of realty transfer tax paid to the State of Delaware, county and/or municipality .......................................
6. Percentage rate of realty transfer tax paid to the county or municipality .............................................................................
7. Reduction for contracts executed prior to 8/1/2017 (see instructions) .................................................................................
8. Delaware Realty Transfer Tax percentage (subtract Lines 6 and 7 from Line 5) ................................................................. $
9. Delaware Realty Transfer Tax due (multiply Line 4 by Line 8) ............................................................................................ $

4.0%

PART D - EXEMPT CONVEYANCES

If transaction is exempt from Realty Transfer Tax, be certain that all of the above information (including market value of the real estate) is
complete and accurate and explain the basis for the exemption:

The seller authorizes the Division of Revenue or such other appropriate state agency as may be designated to obtain any appropriate
or necessary federal income tax forms, including their attached schedules or other attachments, and any other related papers filed by such seller which
relate solely to the said real estate to which title is purported to be conveyed by the deed or instrument being recorded. Delaware law requires an income
tax return to be filed for the taxable year during which there was disposition of real property within this state.
Sworn and Subscribed before me
on this
day of

, 20
Seller’s Signature
(Rev 8/2017)

Signature

Title of Officer/Partner

INSTRUCTIONS FORM 5402
REALTY TRANSFER TAX RETURN
AND
AFFIDAVIT OF GAIN AND VALUE
Every person who makes, executes, delivers, accepts, or presents for recording any document, except those exemptions defined or described
in Section 5401 of Title 30, or in whose behalf any document is made, executed, delivered, accepted or presented for recording, shall be subject
to pay for and in respect to the transaction or any part thereof, a Realty Transfer Tax at the rate of four percent (4%) (unless an exemption or
reduction applies) of the value of the property represented by such document, which tax shall be payable at the time of making, execution,
delivery, acceptance or presenting of such document for recording. Said tax is to be apportioned equally between the Grantor/Seller and
Grantee/Buyer.
The following shall also be subject to the Realty Transfer Tax provisions:
1. Any writing purporting to transfer a title interest or possessory interest for a term of more than five (5) years in a

condominium unit or any unit properties subject to the Unit Properties Act.

2. Any writing purporting to assign or transfer a leasehold interest or possessory interest in residential property under

a lease for a term of more than five (5) years.

3. Any writing purporting to transfer a title interest in a mobile home which has been permanently affixed to realty by

sewer, electric, and water connections.

4. Any writing purporting to transfer an intangible interest in a corporation, partnership, or trust where the beneficial

owner(s) before the conveyance(s) owns less than 80% of the beneficial interest after the conveyance(s).

SPECIFIC INSTRUCTIONS
PART A - GRANTOR/SELLER
Line 1. Enter the Grantor(s)/Seller(s) Federal Employer Identification or Social Security Number, whichever is used. If the Grantor/Seller
has applied for a Federal Employer Identification Number, please enter “Applied For” on Line 1 and notify the Division of Revenue when the
number is obtained.
Line 2. Enter the name(s) of the Grantor(s)/Seller(s) [individual, partnership, or corporate name(s)].
Line 3. Enter the address of the Grantor/Seller to which correspondence is mailed.
Line 4. Enter the date of the real estate conveyance.
Line 5. Check the appropriate box to indicate whether the Grantor/Seller is a Resident or Non-Resident of the State of Delaware,
a Domestic Corporation, Foreign Corporation, S Corporation, Government Agency, Fiduciary, Partnership, or Non-Profit Corporation.

PART B - GRANTEE/BUYER
Line 1. Enter the Grantee(s)/Buyer(s) Federal Employer Identification or Social Security Number, whichever is used. If the Grantor/Seller
has applied for a Federal Employer Identification Number, please enter “Applied For” on Line 1 and notify the Division of Revenue when the
number is obtained.
Line 2. Enter the name(s) of the Grantee(s)/Buyer(s) [individual, partnership, or corporate name(s)].
Line 3. Enter the address of the Grantee/Buyer to which correspondence is mailed.
Line 4. Check the appropriate box to indicate whether the Grantor/Seller is a Resident or Non-Resident of the State of Delaware, a
Domestic Corporation, Foreign Corporation, S Corporation, Government Agency, Fiduciary, Partnership, or Non-Profit Corporation.

PART C - PROPERTY LOCATION AND COMPUTATION OF TAX
Line 1. Enter the exact location of the real estate being conveyed.
Line 2. Enter the amount of consideration received. Consideration includes cash, checks, mortgages, liens, encumbrances, and any other
good and valuable consideration. If consideration also includes the exchange of like kind property, include the full and complete market
value of the real estate received in determining the consideration to be taxed at 2.5% by the State of Delaware and 1.5% by either the
municipality or the county.
Line 3. Enter the highest assessed value (for local tax purposes) of the real estate being conveyed. If consideration includes the exchange of
like kind property, include the full and complete market value of the real estate received in determining the consideration to be taxed at 2.5%
by the State of Delaware and 1.5% by either the municipality or the county.
Line 4. Enter the greater of Line 2 or Line 3.
Line 5. The percentage rate of realty transfer tax paid to the State of Delaware, county and/or municipality is 4.0%.
Line 6. Enter the percentage of tax paid to the county or municipality only (1.5%).
Line 7. If the contract for the sale of real estate was executed prior to August 1, 2017, enter 1%. If claiming the 1% reduction, you MUST
attach a copy of the contract of sale or an affidavit, signed under penalty of perjury, that the contract was executed before August 1, 2017; failing to
do so will result in the denial of this exception, and could delay the recording of this document. Under the provisions of Delaware Code, Title 30
§368, any information provided remains confidential.
Line 8. Subtract Lines 6 and 7 from Line 5.
Line 9. Multiply Line 4 by Line 8. This is the amount of Realty Transfer Tax due to the Delaware Division of Revenue.

PART D - EXEMPT CONVEYANCES
Explain the basis for the exemption from Realty Transfer Tax. Cite the Section of the exemption from Section 5401 of 30 Del. C. if known. If
you require additional space, please attach a separate sheet. If Section 5401(1)(j) is claimed as the basis for the exemption where property
is transferred from a trustee, nominee, or straw party, attach a copy of the conveyance which shows the transfer to the trustee, nominee, or
straw party to this return. The Seller must sign his/her name and provide his/her title. The Return must be notarized and dated.
(Rev 8/2017)

Extracted from PDF file 2023-delaware-form-5402.pdf, last modified August 2013

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More about the Delaware Form 5402 Corporate Income Tax TY 2023

We last updated the Realty Transfer Tax - Return And Affidavit Of Gain And Value in February 2024, so this is the latest version of Form 5402, fully updated for tax year 2023. You can download or print current or past-year PDFs of Form 5402 directly from TaxFormFinder. You can print other Delaware tax forms here.

Other Delaware Corporate Income Tax Forms:

TaxFormFinder has an additional 64 Delaware income tax forms that you may need, plus all federal income tax forms.

Form Code	Form Name
Form 1100	Corporate Income Tax Return Tax Return
Form 700	Delaware Income Tax Credit Schedule Tax Credit
Form 5403	Real Estate Tax Return - Declaration of Estimated Income Tax Estimated
Form 1100-EXT (2014)	Corporation Income Tax - Request For Extension Extension
Form 1100S	S Corporation Reconciliation And Shareholders Return

Download all DE tax forms View all 65 Delaware Income Tax Forms

Form Sources:

Delaware usually releases forms for the current tax year between January and April. We last updated Delaware Form 5402 from the Division of Revenue in February 2024.

Show Sources >

About the Corporate Income Tax

The IRS and most states require corporations to file an income tax return, with the exact filing requirements depending on the type of company.

Sole proprietorships or disregarded entities like LLCs are filed on Schedule C (or the state equivalent) of the owner's personal income tax return, flow-through entities like S Corporations or Partnerships are generally required to file an informational return equivilent to the IRS Form 1120S or Form 1065, and full corporations must file the equivalent of federal Form 1120 (and, unlike flow-through corporations, are often subject to a corporate tax liability).

Additional forms are available for a wide variety of specific entities and transactions including fiduciaries, nonprofits, and companies involved in other specific types of business.

Historical Past-Year Versions of Delaware Form 5402

We have a total of ten past-year versions of Form 5402 in the TaxFormFinder archives, including for the previous tax year. Download past year versions of this tax form as PDFs here:

2023 Form 5402