Georgia Real Estate Transactional Taxes

The State of Georgia has three basic taxes related to real estate transactions. They are:

Transfer Tax
This tax is based on the value of consideration being conveyed (the sales price).

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Intangibles Tax
This tax is assessed on the amount financed, if the underlying instrument is a long-term note.

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Residential Loan Tax
This is a small tax applicable where a residential lender is involved in the transaction.

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State of Georgia Transfer Tax
The State of Georgia Transfer Tax is imposed at the rate of $1.00 per thousand (plus $0.10 / hundred) based upon the value of the property conveyed.

Example:  A property selling for $550,000.00 would incur a $550.00 State of Georgia Transfer Tax.

• The tax applies to realty that is sold, granted, assigned, transferred or conveyed.
• Conveyancing instruments include: Warranty Deed, Quitclaim Deed, Administrator's Deed, Executor's Deed, Deed of Gift, Special Warranty Deed, Limited Warranty Deed.
• Although Georgia is a Title Theory state, mortgage type instruments are not subject to transfer tax. These include: Deed to Secure Debt / Security Deed.

Transfer Tax Exemptions
Georgia law contains many exemptions to the State Transfer Tax, including transactions involving the following:

  • Nominee to Principal
  • Cemetery Deed
  • Chapter 11 Bankruptcy
  • Company to Individual Transfer
  • Corporate Merger
  • Corporation to Corporation
  • Deed Confirming Title Already Vested
  • Deed in Lieu of Foreclosure
  • Deed of Correction
  • Deed of Gift
  • Divorce Based Transfer
  • Estate Deed
  • First Transferee After Foreclosure
  • Government/NonProfit Public Corporation
  • Individual to Company Transfer
  • Joint Tenant Division
  • Partition Deed
  • Property Returned after FiFa
  • Public Road Acquisition
  • Sheriff's Deed of Redemption
  • Year's Support Order




State of Georgia Intangibles Tax
The State of Georgia Intangibles Tax is imposed at $1.50 per five hundred ($3.00 per thousand) based upon the amount of loan.

Example:  A property financed for $550,000.00 would incur a $1,650.00 State of Georgia Intangibles Tax.

• The tax must be paid within 90 days from the date of instrument.
• See below for Penalty information.
• The tax is applicable to long-term notes.


Intangibles Tax Exemptions
Georgia law contains many exemptions to the State Intangibles Tax, including transactions involving the following:

Short Term Note Exemption
Short-term notes secured by real estate are exempt from the State of Georgia Intangibles Tax.  Under Georgia law, a "Short-Term Note" is a note having a maturity of three years or less.
Refinance Exemption
The Georgia intangibles tax is exempt on refinance transactions up to the amount of the unpaid balance on the original note.  The borrower and lender must remain unchanged from the original loan.


Non Note Exemption
A security instrument is exempt from the State of Georgia Intangibles Tax when the instrument does not secure a note.  Common examples includes guarantees, performance bonds, performance agreements, indemnity agreements, divorce decrees and letters of credit.
Credit Union Exemption
A security instrument is exempt from the State of Georgia Intangibles Tax when the lender is a federally or Georgia charted credit union or church.

Other Exemptions
Other exemptions from the intangibles tax include the following situations:
  • Where the United States is a party, including various other government entities.
  • Substitutions of real estates for which the tax has already been paid.
  • Transfers and assignments where the intangibles tax has already been paid.
*Note— Georgia Code provisions for exemptions are provided below.

Intangibles Tax Penalties
The State of Georgia Intangibles Tax must be paid within 90 days from the date of the instrument.  The failure to pay the Georgia Intangibles Tax bars foreclosure of the property.  

Availability of Cure:
The bar may be lifted under certain conditions upon payment of the tax plus interest plus penalties in the amount of 50% of the tax due.






Georgia Residential Mortgage Fee
The State of Georgia imposes a tax of $10.00 for any loan subject to the Georgia Residential Mortgage Act.  The fee is paid to the Georgia Department of Banking and Finance.





Questions? Speak with a Real Estate Lawyer
CHRIS PAHL
Attorney at Law
Georgia Title & Escrow Co LLC
3575 Piedmont Road
Building 15, Piedmont Center
Suite 120
Atlanta, GA 30305
678.448.4148 Telephone

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