Georgia Property Transfer Tax Exemptions Explained

Worried about a big tax bill when you transfer your Georgia property? For most non-sale transfers, there isn’t one. Here’s how Georgia’s transfer tax works and when an exemption applies.

What Georgia’s transfer tax actually is

Georgia charges a real estate transfer tax of $1.00 per $1,000 of consideration — that’s the money actually paid for the property (about $0.10 per $100). It’s calculated on what changes hands, not on the property’s full market value.

The key word is consideration. When no money is paid, the consideration is $0 — and so is the transfer tax.

Common situations with no transfer tax

Because so many deed transfers involve no payment, they commonly owe $0 in transfer tax:

• Adding or removing a spouse — for example, adding a spouse to the deed after marriage.
• Divorce settlements — transferring the home to one ex-spouse under a divorce decree.
• Gifts to family — transfers to children, parents, or other relatives where nothing is paid.
• Trusts — moving your home into or out of a living trust.
• LLCs — contributing property to an LLC you own (watch the due-on-sale clause if there’s a mortgage).

How the exemption is claimed

Every recorded deed in Georgia is filed with a PT-61 form (the Real Estate Transfer Tax Declaration). On the PT-61 you state the consideration and, when applicable, check the box for the exemption that fits the transfer. If the consideration is $0, the form documents that no tax is due.

You don’t file a separate application — the PT-61 is how the exemption is claimed at recording.

Getting it right

Claiming the wrong exemption, or stating consideration incorrectly, can hold up recording. With our service we complete the PT-61 and claim the correct exemption as part of every order. A licensed attorney prepares the deed, and we eFile and record in all 159 Georgia counties — a flat $249, deed ready to sign in 2 business days.

This article is general information, not tax or legal advice. For questions about your specific tax situation, consult a licensed professional.