Real Property Transfer Tax Exemptions in Nevada

Nevada’s Real Property Transfer Tax hits almost every recorded deed, but NRS 375.090 lists 14 situations where no tax is owed. The Nevada real property transfer tax exemptions cover transfers between close family, divorcing spouses, co-owners, revocable trusts, transfer-on-death beneficiaries, wholly owned business entities, affiliated companies, government bodies, and a handful of narrower cases. To use one, you identify the applicable subsection on the Declaration of Value form filed with the deed.¹

What the Tax Costs Without an Exemption

The base rate is $1.95 per $500 of value (or any fraction of $500) on any deed or land sale contract where property value exceeds $100, combining two levies under NRS 375.020 and NRS 375.023.²¹ Two counties add a surcharge:

Clark County adds $0.60 per $500, for a total of $2.55 per $500.
Washoe and Churchill Counties add $0.10 per $500, for a total of $2.05 per $500.

On a $400,000 Clark County home that comes to $2,040. Buyer and seller are jointly liable, so the recorder can pursue either party regardless of what the purchase contract says.¹ A valid exemption eliminates the full tax, including any county surcharge.

Family and Spouse Transfers

NRS 375.090(5) exempts transfers to a person related to the owner within the first degree of lineal consanguinity or affinity. That covers parent-to-child, step-parents, step-children, and in-laws within the same degree. The transfer does not have to be a gift; even if the child pays fair market value, the family relationship is enough.¹

Under NRS 375.090(6), transfers between former spouses to comply with a divorce decree are exempt. Bring a copy of the decree or settlement agreement to the recording.¹

A transfer between joint tenants or tenants in common is also exempt when no consideration changes hands. If you and a co-owner hold title together and one deeds an interest to the other for nothing, no tax is owed.¹

Trusts and Transfer-on-Death Deeds

Moving property into or out of a revocable living trust for estate planning is exempt under NRS 375.090(7) if no consideration is involved and you present a certificate of trust when recording. The certificate identifies the trust, names the trustee, and confirms the trustee’s authority.¹

NRS 375.090(10) exempts transfer-on-death deeds, which take effect only when the owner dies. The exemption applies both to recording the deed itself and to recording the later Death of Grantor Affidavit that vests title in the beneficiary.¹

Business Entity Transfers

Two separate exemptions cover business transfers, and they are easy to confuse.

NRS 375.090(9) applies when an individual transfers property to a corporation, LLC, or other entity they own 100 percent of. It runs in one direction only, individual to entity, and requires full ownership.¹

NRS 375.090(1) covers transfers between affiliated business entities with identical common ownership, including parent-subsidiary transfers. The catch: if the receiving entity was formed specifically to avoid the transfer tax, the exemption is unavailable.¹

Government, Corrective Deeds, and Narrower Cases

Transfers to federal, state, or local government are exempt, including transfers to agencies, departments, and political subdivisions such as school districts or water authorities.¹

NRS 375.090(3) exempts a deed recorded solely to correct an error on a prior deed, such as a misspelled name, wrong legal description, or incorrect parcel number, because the corrective deed recognizes the true status of ownership. The same subsection covers the final deed issued under a previously recorded land sale installment contract on which the tax was already paid.¹

The remaining exemptions cover narrower situations:

Transfers of unpatented mines or mining claims.
Conveyances carrying out a confirmed bankruptcy plan or approved equity receivership, if made within five years of confirmation or approval.
Transfers to qualifying educational foundations under NRS 388.750 and university foundations under NRS 396.405.

All of these exemptions sit in NRS 375.090 and apply to the taxes imposed under NRS 375.020, 375.023, and 375.026, so a valid claim wipes out the entire transfer tax.¹

How to Claim the Exemption

Every deed recorded in Nevada must include a Declaration of Value form prescribed by the Nevada Tax Commission, even when the transfer is exempt. The recorder cannot charge a fee for the form itself.³ If the transfer qualifies for an exemption, you do not have to declare the property’s value, but you still have to submit the form.⁴

The form has a section for the exemption claim. Under NAC 375.180, that section may include the type of exemption, a statement explaining the reason, whether the exemption applies to a partial interest, and the sales price if available.⁴ In practice, cite the specific NRS 375.090 subsection and add a short explanation. For a parent-to-child deed: “Exemption 5 — transfer from parent to child.” For a trust funding: “Exemption 7 — transfer to revocable trust, no consideration, certificate of trust attached.”

The buyer, seller, or an authorized agent must sign the form under penalty of perjury. Willfully falsifying the declared value is a misdemeanor under NRS 375.110, and you will owe any tax that should have been paid plus potential penalties.¹

Federal Gift Tax and Cost Basis

Escaping Nevada’s transfer tax by giving property away can create a federal issue. The IRS treats a transfer for less than fair market value as a gift, which may require filing Form 709. For 2026, the annual gift tax exclusion is $19,000 per recipient and the lifetime estate and gift tax exemption is $15,000,000.⁵ A $350,000 home gifted to a child clears the annual exclusion by a wide margin, so you would file Form 709 and apply the excess against your lifetime exemption.

Cost basis is the other piece to weigh. A lifetime gift passes your original basis to the recipient, so a house you bought for $120,000 and gifted at $400,000 leaves your child with $280,000 of built-in capital gain. Property passed by transfer-on-death deed or inheritance instead receives a stepped-up basis equal to fair market value at the date of death, which can erase decades of appreciation from the tax picture. For high-value property, that difference alone can make the transfer-on-death route far more tax-efficient than a lifetime gift.

1
Nevada Legislature. Nevada Revised Statutes Chapter 375 – Taxes on Transfers of Real Property
2
Nevada Department of Taxation. Real Property Transfer Tax
3
Nevada Legislature. Nevada Code 375.060 – Declaration of Value of Property
4
Legal Information Institute. Nevada Administrative Code 375.180 – Declaration of Value; Claim for Refund of Overpayment; Date for Submission of Claim
5
Internal Revenue Service. What’s New – Estate and Gift Tax