Attorney-led title and settlement, statewide in Maryland, since 1994

Who pays transfer tax in Maryland?

Maryland First Title, attorney-led since 1994 (Emile Henault III, Emile Henault IV and Nick Henault)
Updated Reviewed by Nick Henault, Attorney, on

Below: the default rule, what a contract can change, the exception for first-time Maryland home buyers, and a few local twists. For the rates themselves, see our calculator, where you can work out the taxes on your own price.

The default rule: half each

Real Property 14-104 sets the starting point. Recordation tax and state and county transfer taxes are presumed to be shared equally between buyer and seller unless the contract says otherwise. The rule covers all three taxes a Maryland deed pays:

  1. State transfer tax: 0.5% of the price.
  2. County transfer tax: set by each county or Baltimore City. Calvert County charges none.
  3. Recordation tax: a set amount for each $500 of the price, also set locally.

What the contract can change

The even split is a default, not a requirement. A sales contract can give either side more or all of the taxes, and many Maryland contracts and addenda say something about them. Read the tax clause, and any addendum that changes it, before you sign. If you are negotiating, the transfer taxes are one of the costs that can be traded like any other term.

What a contract cannot change is the first-time buyer rule for the state transfer tax, below.

The first-time buyer exception

When every buyer is a first-time Maryland home buyer who will live in the home, and each signs a sworn statement saying so, the law shifts the taxes to the seller:

  • State transfer tax: the rate drops to 0.25% of the price, and the seller pays all of it, whatever the contract says.
  • County transfer tax and recordation tax: the seller pays them too, unless the contract expressly says the buyer pays.

A buyer who has owned and lived in a Maryland home before does not qualify, and every person taking title has to qualify (or be only a co-signer or guarantor of the loan who will not live there). Our first-time buyer transfer tax guide covers who counts and how the counties differ.

A local twist: owner-occupants in Baltimore City

Baltimore City takes the first $22,000 of the price off the city recordation tax when the buyer will live in the home, and off the city transfer tax too when the price is under $250,000. Under the city code, that saving goes to the buyer unless the seller is paying the whole tax. Baltimore County leaves the first $22,000 of the price out of its county transfer tax for a buyer’s principal residence; ask us how that saving is shared on your sale.

A worked example

Take an Anne Arundel County home at the county’s median sale price, $509,990. The three taxes come to $11,219.85: state transfer tax $2,549.95, county transfer tax $5,099.90 and recordation tax $3,570.

  • Contract silent, ordinary buyer: the buyer pays $5,609.92 and the seller $5,609.93.
  • Contract silent, first-time Maryland buyers who will live in the home: the state transfer tax falls to $1,274.98, and the seller pays it along with the county transfer tax and the recordation tax. The buyer’s share of the three taxes is $0.

Money at settlement that is not split

  • The buyer’s loan. On a purchase, the buyer’s mortgage or deed of trust does not normally bring a second recordation tax bill, as long as it meets the statute’s conditions for a purchase-money loan.
  • Nonresident withholding. When the seller does not live in Maryland, state income tax is generally withheld from the sale. It comes out of the seller’s proceeds; the buyer does not pay it. See nonresident seller withholding.
  • Everything else. Title insurance, the settlement fee, lender charges and recording fees are separate from the taxes, and the contract and the loan decide who pays them.

Where you will see the split

The settlement statement lists each tax and which side pays it, and a buyer with a loan sees the same lines on the Closing Disclosure, which the lender must deliver at least three business days before the loan closes. Compare those lines with your contract. A tax the contract gives to the other side should not be in your column.

How we help

Our settlements are led by attorneys. We read the tax clause in your contract, take the first-time buyer statements where they apply, show each tax and who pays it on the settlement statement, pay the taxes at settlement and send the deed for recording in the county where the home is. You can settle at our Glen Burnie office, or we come to you anywhere in Maryland at no extra cost. For a purchase or sale, see our residential settlements.

Questions we hear

Who pays transfer and recordation tax in Maryland?

The signed contract decides. If it says nothing, Maryland law presumes the buyer and seller pay half each of the state transfer tax, the county transfer tax and the recordation tax. A sale of a home to first-time Maryland home buyers who will live in it is different: the seller pays the whole state transfer tax, and the county transfer and recordation tax fall on the seller too unless the contract expressly gives them to the buyer.

Is the split the same in every Maryland county?

The rule is state law, so the default even split applies everywhere in Maryland. What differs is the size of the bill: each county and Baltimore City sets its own transfer and recordation tax rates, and some give owner-occupants a break. Our closing cost calculator shows both shares for each county it covers.

Does the buyer pay recordation tax on the mortgage too?

Not normally on a purchase. A purchase-money mortgage or deed of trust for the home being bought is not charged recordation tax when it meets the statute's conditions, including being signed within 30 days of the deed and recorded no later than 30 days after the deed is recorded.

Sources14sources, checked November 13, 2026

Sources

For this guide

For the settlement cost figures

  1. Md. Code, Real Property 14-104 (who pays recordation and transfer taxes) (opens in a new tab) · checked November 12, 2026
  2. Md. Code, Tax-Property 13-203 (state transfer tax rate; first-time buyer rate) (opens in a new tab) · checked November 12, 2026
  3. Baltimore City Code Art. 28 16-2 (Subtitle 16, Recordation Tax): partial exemption for owner-occupied residence (no price limit) (opens in a new tab) · checked November 12, 2026
  4. Department of Legislative Services, Guide to Local Government Taxing Authority (August 2026) (opens in a new tab) · checked November 12, 2026
  5. Baltimore City Code Art. 28 17-2: transfer tax rate; (d) partial exemption for owner-occupied residence (price under $250,000) (opens in a new tab) · checked November 12, 2026
  6. Baltimore County Office of Budget and Finance: Tax Rates (transfer tax 1.5% excluding the first $22,000 of residential transfers; Wayback Machine copy captured 2025-09-06; the live page returns 403) (opens in a new tab) · checked November 12, 2026
  7. SDAT Fiscal 2026 Median Residential Sales by Quarter, improved owner-occupied (dated 10/1/2026) (opens in a new tab) · checked November 12, 2026
  8. Md. Code, Tax-Property 12-103 (recordation tax per $500; county first-time buyer exemptions allowed) (opens in a new tab) · checked November 12, 2026
  9. Md. Code, Tax-Property 12-108(i) (purchase money deed of trust not subject to recordation tax) (opens in a new tab) · checked November 12, 2026

Rates change, usually on July 1. Call us to confirm the figures for your property.