Deed Recording Fee for State, County, Transfer Tax for Town

South Carolina

2016

The deed recording fee is $1.85 for each $500 or (or fraction thereof) of the realty's value. The fee is composed of two portions, one part a state fee and one part a county fee. The fee is calculated on the fair market value of the consideration on any deed with a value above $100.

The state portion of the deed recording fee is $1.30 for each $500 or (or fraction thereof) of the realty's value.

The county portion of the deed recording fee is $0.55 for each $500 or (or fraction thereof) of the realty's value.

The fee is the liability of the grantor, or the joint and several liability of the grantors, but the grantee is secondarily liable for the payment of the fee.

Value means the consideration paid or to be paid in money or money's worth.

A deduction from value is allowed for the amount of any lien or encumbrance existing on the land, tenement, or realty before the transfer and remaining on the land, tenement, or realty after the transfer.

State statutes dating from 29 June 1994 suspended provisions pertaining to any county or municipality optional local real estate transfer fee except for those imposed on or before 1 August 1993 and required any county or municipality not covered by the exception to remit such local fees to the state; subsequently 1 July 1997 amendments prohibit any fee or tax on the transfer of real property to be imposed by the governing body of a county, municipality, school district, or special district unless the General Assembly has expressly authorized by general law the imposition of the fee or tax, but permit a municipality that originally enacted a real estate transfer fee prior to 1 January 1991 to continue to impose and to collect it.

The Town of Hilton Head Island is the only municipality with a real estate transfer fee that pre-dated the statutory deadline, a fee applied at 0.25% on value or consideration above $100, ending on 31 December 2024.

The town's authority derives through the state constitution which establishes that all laws concerning local governments shall be liberally construed in their favor. Powers, duties, and responsibilities granted local government subdivisions include those fairly implied and not prohibited by the constitution, including the authority to levy and collect taxes on real and personal property.

A deed releasing real property to distributees of a decedent’s estate is not subject to the deed recording fee. In addition, a deed transferring real property from a trust to a trust distributee upon the death of the settlor is not subject to the deed recording fee upon certain conditions

Exempted from the fee are: (1) deeds with a value of $100 or less; (2) deeds transferring realty to the federal government or to a state, its agencies and departments, and its political subdivisions, including school districts; (3) deeds that are otherwise exempted under the laws and Constitution of this State or of the United States; (4) deeds transferring realty in which no gain or loss is recognized by reason of divorce settlement; (5) deeds transferring realty in order to partition realty; (6) in certain cases, deeds transferring an individual grave space at a cemetery; (7) deeds that constitute a contract for the sale of timber to be cut; (8) in certain cases, deeds transferring realty to a corporation, a partnership, or a trust as a stockholder, partner, or trust beneficiary of the entity or so as to become a stockholder, partner, or trust beneficiary of the entity; (9) in certain cases, deeds transferring realty from a family partnership to a partner or from a family trust to a beneficiary; (10) deeds transferring realty in a statutory merger or consolidation from a constituent corporation to the continuing or new corporation; (11) deeds transferring realty in a merger or consolidation from a constituent partnership to the continuing or new partnership; (12) in certain cases, deeds transfers that constitute a corrective deed or a quitclaim deed used to confirm title already vested in the grantee; (13) deeds transferring realty subject to a mortgage to the mortgagee by a deed in lieu of foreclosure or deed executed pursuant to foreclosure proceedings; (14) in certain cases, deeds transferring realty from an agent to the agent's principal in which the realty was purchased with funds of the principal; (15) in certain cases, deeds transferring title to facilities for transmitting electricity to a limited liability company which is subject to regulation under the Federal Power Act, and (16) transfers of real property from a trust established for benefit of a religious organization to that religious organization.

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