Delaware § 1601 - Realty transfer tax.
Full text of Delaware Delaware Code § 1601 — Realty transfer tax., with citation guidance and answers to common questions.
§ 1601. Realty transfer tax.
(a) Notwithstanding any statute or municipal charter to the contrary, any municipality of this State shall have the power by ordinance to impose and collect a tax, to be paid by the transferor or transferee as determined by the municipality, upon the transfer of real property within the municipality; provided however, that any realty transfer tax which is imposed by any municipal government shall not be greater than 11/2 percent of the value of the real property as represented by the document transferring the property.
(b) Sections 5401 and 5403 of Title 30 shall apply with respect to any realty transfer tax imposed by a municipal government pursuant to authority granted in this section.
(c) Any funds realized by a municipality pursuant to this section shall be segregated from the municipality’s general fund and the funds, and all interest thereon, shall be expended solely for the capital and operating costs of public safety services, economic development programs, public works services, capital projects and improvements, infrastructure projects and improvements and debt reduction.
71 Del. Laws, c. 349, § 15;Frequently Asked Questions About Delaware § 1601
What does Delaware Code § 1601 cover?
Section 1601 ("Realty transfer tax.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Delaware § 1601?
A common citation format is "Delaware Code § 1601" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Delaware law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.
How does Delaware § 1601 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.