Understanding Maine Transfer Tax: A Quick Guide
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Joseph Gordon EditorCloseJoseph Gordon Editor
Joseph Gordon is an Editor with HomeLight. He has several years of experience reporting on the commercial real estate and insurance industries.
Selling your home in Maine involves several considerations, one of the most important being real estate transfer taxes. These taxes are levied whenever a property changes hands, amounting to a percentage of the sale price. It’s important to understand how Maine transfer tax affects your home sale, as it can impact your overall profit.
Our guide will detail how transfer taxes work in the Pine Tree State, providing sellers with a clear picture of what to expect when it comes time to sell their property. From state to city-level charges, along with potential exemptions and deductions, we’ll cover all you need to know to manage the Maine real estate transfer tax landscape effectively.
What are transfer taxes?
Real estate transfer taxes are fees imposed by state or local governments whenever the property title passes from one owner to another. They’re calculated based on the property’s sale price, and the amount due can vary widely depending on the property’s location. Each state, county, or city may have its own rates and rules determining the seller’s or buyer’s final cost.
The primary purpose behind these taxes is to generate revenue for local governments, funding various public services and infrastructure projects. The amount owed in transfer taxes can significantly affect the financial aspects of selling a home, making it crucial for sellers to understand how these taxes work in their locality.
Who pays for transfer taxes?
In Maine, both the buyer and the seller are responsible for paying the transfer tax, with each paying one-half of the total tax, levied at a rate of $2.20 for each $500 or fractional part of $500 of the value of the property being transferred.
Let’s say you’re selling your Maine home for $390,000. Here’s how you can calculate the real estate transfer tax:
Step 1: Calculate the taxable units.
Each $500 of the sale price incurs a tax. So, we divide:
$390, 000 / 500 = 780 units
Step 2: Determine the total transfer tax.
780 units x $2.20 = $1,716
The total transfer tax is $1,716.
Step 3: Divide the tax between the buyer and the seller.
$1,716 / 2 = $858
When you sell your home in Maine for $390,000, you’ll incur a total transfer tax of $1,716, with you paying half of the share, which is $858.
What are the types of transfer taxes?
Transfer taxes will typically vary based on local guidelines but can generally be broken down into three categories — state, city, and county, depending on the state. Here’s a quick look at how it works in Maine:
State transfer taxes
Two transaction types in Maine require a transfer tax. The first one, the sale of real estate, applies to every deed transferring property within the state. The register of deeds calculates the tax based on the property’s value as stated in the declaration of value.
The other one is transfer by controlling interest, which kicks in whenever someone gains or transfers a controlling stake in a business that owns real estate. If this happens, a separate Return/Declaration needs to be filed in the county where the property is located. The local register of deeds will then calculate and collect the tax based on the property’s declared value.
County transfer taxes
Transfer taxes in Maine will also vary by county. For example, in Somerset County, the transfer tax is calculated at $2.20 per $500 of the sale price or value, with all amounts rounded up to the nearest $500. In Cumberland County, the tax is calculated at a rate of $4.40 per thousand.
City transfer taxes
In Portland, Maine, the rate for transfer taxes is $2.20 for every $500 or part of the property’s value that’s being transferred. This tax is equally shared between the seller (grantor) and the buyer (grantee).
Other transfer fees
In addition to transfer taxes, there are possible fees to consider, such as from a homeowner’s association (HOA) or another local neighborhood organization. Again, as these can vary heavily based on location, it’s important to consult a professional.
If you choose the For Sale By Owner (FSBO) route, consulting a professional might help you understand some of the finer points of the process and give you a better idea of what to expect.
Are transfer taxes deductible?
Unfortunately, transfer taxes cannot be directly deducted from your income tax return. However, there is a silver lining for sellers looking to minimize their tax obligations — by factoring in these costs when calculating capital gains.
Capital gains tax applies to the profit made from selling a property, just like earnings from other assets. The federal government taxes these gains, but sellers can reduce the taxable amount by including eligible selling expenses, such as transfer taxes and closing costs, in the capital gains calculation.
Capital gains are determined using the following formula:
Taxable Capital Gain = Sale Price − (Adjusted Cost Basis + Selling Expenses)
So for example, suppose you purchased a home for $300,000 and later sold it for $500,000. If you paid $1,000 in transfer taxes and $15,000 in other selling expenses, your taxable gain would be:
$500,000 − ($300,000 + $1,000 + $15,000) = $184,000
Instead of being taxed on the full $200,000 profit, your taxable gain is $184,000 because transfer taxes and selling costs reduce the amount subject to capital gains tax.
Now, many home sellers qualify for the capital gains tax exclusion, which can significantly reduce or eliminate their tax liability. If you meet the IRS requirements—owning the home for at least two years and using it as your primary residence for at least two of the past five years—you may qualify for:
- Up to $250,000 in tax-free profit if filing as a single taxpayer
- Up to $500,000 in tax-free profit if filing jointly as a married couple
In our example above, since the taxable gain is $184,000, a single filer would owe no capital gains tax because it falls under the $250,000 exclusion limit.
Transfer tax exemptions
In addition, some Maine sellers might be eligible for exemptions from transfer taxes, depending on specific circumstances. The state recognizes a variety of exemptions, including:
- Governmental entities
- Mortgage deeds, deeds of foreclosure, and deeds in lieu of foreclosure
- Deeds affecting a previous deed
- Deeds between certain family members
- Tax deeds
- Deeds of partition
- Deeds pursuant to mergers or consolidations
- Deeds by a subsidiary corporation
- Deeds prior to October 1, 1975
- Deeds by a parent corporation
- Deeds of distribution
- Deeds executed by public officials
- Deeds of foreclosure and in lieu of foreclosure
- Deeds given pursuant to the United States Bankruptcy Code
- Deeds; trustee, nominee, or straw party
- Certain corporate, partnership, and limited liability company deeds
- Deeds to charitable conservation organizations
- Limited liability company deeds
- Changes in identity or form of ownership
- Controlling interests (if accomplished by deed of the real property between the parties to the transfer of the controlling interest)
- Transfers pursuant to transfer on death deed
Estimating transfer taxes for your home sale
For a quick and easy estimate of what you might make from your Maine home sale, consider using HomeLight’s Net Proceeds Calculator. This tool accounts for various closing costs, such as transfer taxes, agent fees, and any renovations, providing you with a quick view of your potential net proceeds.
Additionally, partner with a top real estate agent to better handle the complexities of transfer taxes and other closing expenses. Realtors possess the expertise to offer an accurate assessment of your potential costs and guide you through negotiations, potentially saving you money.
The amount you pay for transfer taxes can vary, and with the right guidance, you may be able to negotiate these costs to your advantage. Discussing transfer taxes with your agent early in the selling process ensures you have a clear understanding of your financial position when closing your home sale in Maine.
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