Intangible Tax

An intangible tax is a levy on recorded non-physical property rights such as mortgages or liens, impacting financing costs and structuring.

Intangible Tax

September 30, 2025


What is Intangible Tax?

An intangible tax is a levy imposed on non-physical property interests, such as mortgages, liens, or promissory notes. In real estate, certain jurisdictions apply intangible taxes when debt instruments are recorded. This tax can affect the cost of financing and structuring of deals.

Why Intangible Tax Matters in Real Estate

Intangible tax matters in real estate because it influences how loans are structured, recorded, and disclosed. Developers, lenders, and buyers must consider intangible tax impacts when budgeting transaction costs. In some cases, parties restructure loans to reduce exposure or shift the recording location.

Example of Intangible Tax in Action

A borrower in a jurisdiction with an intangible tax chooses to record only part of a mortgage note locally to minimize tax liability while maintaining compliance.

Key Takeaways

  • Intangible taxes apply to non-physical property interests.
  • They increase financing and transaction costs.
  • Jurisdictional rules vary widely.
  • Affect loan structuring and recording strategies.
  • Transparency in disclosure is essential.

Related Terms

Additional Terms

Public Realm Improvements

Public realm improvements are enhancements to public spaces such as sidewalks, parks, plazas, and streetscapes, often funded or contributed by. more

Mortgagee in Possession

A mortgagee in possession is a lender who takes control of a property after borrower default, but before foreclosure or power of sale. The lender. more

Lease Surrender Agreement

A lease surrender agreement is a negotiated contract between a landlord and tenant that ends a lease before its scheduled expiration. Terms may. more

Green Infrastructure

Green infrastructure refers to natural or engineered systems that manage stormwater, reduce heat, and improve sustainability in developments.. more

Escrow Holdback

An escrow holdback is a portion of funds withheld at closing and held in escrow until specific conditions are met, such as completion of repairs,. more

Underused Housing Tax

The Underused Housing Tax (UHT) is a federal annual 1% tax on the value of vacant or underused residential property owned by non-resident,. more

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