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Delaware Realty Transfer Tax

Delaware's tax on real property transfers under 30 Del. C. §5402: a 2.5% state rate plus up to 1.5% local tax, typically 4% total, or a 3% state rate where no full local tax is levied. The statute apportions it equally between grantor and grantee unless the contract adjusts it, and a deed cannot be recorded without proof of payment. A qualifying first-time homebuyer's share is reduced by 0.5% of the lesser of value or $400,000, a maximum $2,000 credit. Transfers between spouses, parents and children, and siblings are exempt.

Exam tip
Full local tax means 4% (2.5% state + 1.5% local) split equally. The first-time buyer credit is 0.5%, capped at $2,000, and helps only the buyer.
Example
On a $350,000 sale, the total tax is $14,000, $7,000 each. A first-time buyer gets a $1,750 credit and pays $5,250; the seller still pays $7,000.

1. Which conveyance is exempt from Delaware realty transfer tax?

Answer & explanation

Answer: D. §5401(1)(i) exempts parent-child; cousins are not listed.

Related terms & state variants

Sources

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Last verified: 2026-10-23