Short answer: In Nebraska, Form 521 (the Real Estate Transfer Statement) goes to the county register of deeds with the deed. The buyer (or person receiving the land) files it. The seller pays the documentary stamp tax unless an exemption applies. Since July 18, 2026, the rate is $3.32 per $1,000 of value.
What Form 521 is and when you need it
Form 521 is a short state form that reports the details of a land transfer. Nebraska law requires it whenever a deed, land contract, or memorandum of contract is presented for recording (Neb. Rev. Stat. 76-214). The register of deeds (the county office that keeps land records) will not record the document without it.
The form goes with the deed even when no tax is owed. Gift deeds, trust deeds, and deeds to a family LLC all still need one.
There are a few special rules:
- Transfer on death deeds. You do not file Form 521 when you record the deed itself. You file it later, with a certified death certificate, after the owner dies (Neb. Rev. Stat. 76-214).
- Easements and mineral leases. Most easements and oil, gas, or mineral leases do not need the form. Conservation and preservation easements are exceptions and still need it (Neb. Rev. Stat. 76-214).
The register of deeds sends the form to the county assessor. The assessor then sends it to the Nebraska Department of Revenue. The state uses these forms to study land sales and values.
Who files Form 521 and who pays the tax
Two different people have two different jobs.
- The grantee files the form. The grantee is the person or business receiving the land. The grantee or an authorized representative, such as a title company or lawyer, signs and files it (Neb. Rev. Stat. 76-214).
- The grantor pays the tax. The grantor is the person signing the land over. The documentary stamp tax is placed on the grantor (Neb. Rev. Stat. 76-901).
A purchase agreement can shift who actually writes the check. That is a deal point to settle before closing. Our page on farm purchase agreements and title covers those terms.
How the documentary stamp tax works
The documentary stamp tax is a state tax on recording a transfer of land. The register of deeds collects it when the deed is recorded.
The rate changed in 2026. Here is the current schedule (Neb. Rev. Stat. 76-901):
- July 18, 2026 through December 31, 2031: $3.32 for each $1,000 of value.
- January 1, 2032 and after: $2.32 for each $1,000 of value.
Older guides often list $2.25 or $2.32. Those rates are out of date for transfers recorded now.
The tax is figured on “each $1,000 of value or fraction thereof.” That means you round up to the next full $1,000. In a sale, value is the full price paid, including any liens (debts on the land) the buyer takes over. For a gift or a deed with little or no price, value is the land’s current market value (Neb. Rev. Stat. 76-901).
Every deed is presumed taxable. It is exempt only if the exemption clearly shows on the deed, or you give the register written proof (Neb. Rev. Stat. 76-901).
Example: tax on a $1,000,000 farm sale
Example only, with round numbers. Say a seller sells a quarter section for $1,000,000. The deed is recorded in October 2026. No exemption applies.
- Divide the price by $1,000. That gives 1,000 units.
- Round up any fraction. Here there is none.
- Multiply 1,000 by $3.32. The tax is $3,320.
Under the old $2.25 rate, the same sale would have cost $2,250. If the price were $1,000,400, you would round up to 1,001 units. The tax would then be $3,323.32.
Item 22 on Form 521 asks for the total price. Item 23 asks about personal property in the price, such as equipment sold with the land. If you answer yes, you must list those items. Item 24 then shows the adjusted price.
Common exemptions for farm and ranch families
Nebraska law lists 26 exemptions in Neb. Rev. Stat. 76-902. You write the exemption number in Item 25 of Form 521. Here are the ones farm families use most.
- Exemption 5(a)(i): spouses, and parent and child. This covers deeds between spouses, between ex-spouses dividing marital property, and between parent and child. It applies only when the deed is “without actual consideration” (no real payment). A sale from parent to child at a price does not qualify. The statute does not list grandparents, siblings, or other relatives here.
- Exemption 5(a)(ii): family corporations, partnerships, and LLCs. This covers deeds to or from an entity owned by one family. Owners must be related within the fourth degree of kindred (a legal way of counting family closeness), plus their spouses. Step relationships count the same as blood. The only payment allowed is stock or ownership interests. The deed must name the entity as grantee.
- Exemption 5(b): wholly owned entities. This covers a deed to a corporation or LLC owned 100% by one person. It applies when that owner, the owner’s spouse, or a family member deeds the land in (Neb. Rev. Stat. 76-902).
- Revocable trusts: Exemption 4, or Exemption 19. A revocable trust is a living trust you can change. The Department of Revenue treats a deed to its trustee as exempt under Exemption 4. Exemption 19 covers a deed into a trust if a direct deed to the beneficiaries would be exempt. Claiming 19 requires a signed Certificate of Exemption for Deeds to Trustees.
- Exemption 20: trustee to beneficiary. This covers a deed from a trustee to a trust beneficiary (a person the trust benefits).
- Exemption 15: personal representative deeds. This covers a deed from a personal representative (the person who settles an estate) to the heirs or devisees.
- Exemptions 16 and 17: transfer on death. Exemption 16 covers transfer on death deeds and their revocations. Exemption 17 covers certified death certificates.
Exemptions are read narrowly. If a deed does not fit one exactly, the tax is due. Moving land into a trust is part of our trust funding services. Deeds to a family entity tie into farm LLCs and partnerships.
Mistakes that delay recording
The deed will not be recorded unless the form is signed and items 1 through 27 are accurately completed. These problems come up most:
- Blank items. Every item from 1 to 27 must be filled in. That includes the agricultural acres in Item 21 and the legal description in Item 20.
- No signature. An unsigned Form 521 stops the filing.
- Missing exemption number. If no tax is paid, Item 25 must show the exemption number.
- No proof of the exemption. The register may need more than the deed. For Exemption 19, bring the signed trust certificate. For a family entity, have proof of the family ownership ready.
- Wrong grantee name. A family entity exemption fails if the deed names the members instead of the LLC.
- Claiming a family exemption on a sale. A parent-to-child deed with a real price is taxable.
- Personal property not itemized. If Item 23 says yes, attach the list.
- Skipping Items 26 and 27. These ask whether a special affidavit is required for land in certain missile field areas, and whether it is attached.
Each county has its own register of deeds office. Our county pages list each one. See York County for an example.
Frequently asked questions
Do I need Form 521 if no tax is owed?
Yes. Form 521 is required to record a deed even when an exemption applies. You just list the exemption number in Item 25 (Neb. Rev. Stat. 76-214).
Is a gift of farmland to my son or daughter taxed?
Usually not. A deed between parent and child with no actual payment is exempt under Neb. Rev. Stat. 76-902(5)(a)(i). If the child pays a price, the tax applies to that price.
Is a deed to my grandchild or my brother exempt?
Not under the parent and child exemption, which names only spouses, ex-spouses, and parents and children. Tax on a gift is based on market value. Another exemption may fit, such as a family entity transfer, so check first.
Do I pay the tax when I put land in my living trust?
Generally no. The Department of Revenue treats a deed to the trustee of a revocable trust as exempt under Exemption 4. Exemption 19, with a signed certificate, may also work. Our Nebraska estate planning page explains how trusts fit a farm plan.
What is the documentary stamp tax rate right now?
It is $3.32 per $1,000 of value for transfers on or after July 18, 2026. It is set to drop to $2.32 on January 1, 2032 (Neb. Rev. Stat. 76-901).
Get help with your land transfer
A small error on a deed or Form 521 can delay a closing or cost tax you did not owe. Midwest Ag Law prepares deeds and Form 521 as part of our flat-fee land work. We serve farm and ranch families and many other clients across Nebraska and Minnesota. Learn more about our farm real estate services. Or book a free 30-minute call to get a flat-fee quote.
This guide is general legal information, not legal advice. Laws and rates change, so confirm the details for your own situation.
Sources
- nebraskalegislature.gov/laws/statutes.php?statute=76-214
- nebraskalegislature.gov/laws/statutes.php?statute=76-901
- revenue.nebraska.gov/PAD/documentary-stamp-tax/documentary-stamp-tax-rate-history
- revenue.nebraska.gov/sites/default/files/doc/pad/doc_stamp/Doc_Stamp_Calculation_Example.pdf
- revenue.nebraska.gov/PAD/documentary-stamp-tax
- nebraskalegislature.gov/laws/statutes.php?statute=76-902
- revenue.nebraska.gov/sites/default/files/doc/tax-forms/doc_exmpt.pdf
- revenue.nebraska.gov/sites/revenue.nebraska.gov/files/doc/pad/doc_stamp/Documentary_Stamp_Tax_Guidance_Bulletin.pdf
- revenue.nebraska.gov/sites/default/files/doc/pad/legal/dir_12-2_deeds_to_trustees.pdf
- revenue.nebraska.gov/sites/revenue.nebraska.gov/files/doc/pad/legal/cert_of_exemp_deeds_to_trustees.pdf
- revenue.nebraska.gov/sites/revenue.nebraska.gov/files/doc/pad/forms/521_Real_Estate_Transfer_Statement.pdf
