This page explains the Orleans Parish documentary tax in plain English.
Louisiana does not appear to have a general statewide real estate transfer tax like many other states. But Orleans Parish, which includes New Orleans, is different because it has a local documentary tax on many real estate transfer documents.
Important Orleans Parish Cost Note:
Orleans Civil Clerk guidance says the documentary tax applies to documents recorded that transfer real estate, including sales, donations, transfers, mortgages, and commercial leases.
Most of those documents are assessed a flat documentary tax of $325.
Example: if the property value is $100,000, the Orleans Parish documentary tax for a typical taxable real estate transfer document would still generally be $325, because it's listed as a flat tax rather than a percentage of property value.
What Is the Orleans Parish Documentary Tax?
The Orleans Parish documentary tax is a local tax connected with recording certain real estate-related documents in Orleans Parish.
In plain English, it's a recording-related tax that may apply when a document transferring real estate is recorded in Orleans Parish land records.
This is different from a statewide Louisiana transfer tax. It's a local Orleans Parish issue.
When Does the Tax Apply?
Orleans Civil Clerk guidance says the documentary tax applies to documents recorded that transfer real estate. Examples include:
- sales
- donations
- transfers
- mortgages
- commercial leases
Because quitclaim-style transfers and donation-style transfers may both involve real estate transfer documents, the tax should be reviewed before recording in Orleans Parish.
How Much Is the Tax?
For most listed Orleans Parish real estate transfer documents, the documentary tax is a flat amount.
Most taxable documents: $325
That means the tax is generally not calculated as a percentage of the property value for those documents.
- $50,000 property transfer = generally $325 documentary tax
- $100,000 property transfer = generally $325 documentary tax
- $250,000 property transfer = generally $325 documentary tax
- $500,000 property transfer = generally $325 documentary tax
Mortgages with loan amounts under $9,000 may have a separate scale, so mortgage transactions should be checked directly against the clerk's current documentary tax schedule.
Who Pays the Orleans Parish Documentary Tax?
Orleans Civil Clerk guidance states that the party responsible for payment depends on the type of document.
For real estate transfer documents, the responsible party may be the seller, donor, mortgagor, or party recording a commercial lease.
For a quitclaim deed or donation-style transfer, confirm payment responsibility with the notary, title company, or the Orleans Parish recording office before recording.
Official Orleans Parish Sources
The best source is the Orleans Civil Clerk's own documentary tax and land records information.
Does the Tax Depend on Property Value?
For most real estate transfer documents listed by the Orleans Civil Clerk, the tax is shown as a flat amount.
This is different from states where transfer tax is calculated as a percentage of sale price or property value.
However, the type of document still matters. Mortgage transactions and certain other instruments may be handled differently, so always check the current official schedule before recording.
Are There Exemptions?
The New Orleans Code of Ordinances includes documentary transaction tax rules and exemptions.
Whether an exemption applies depends on the exact type of document and transaction. For example, the tax ordinance and related clerk guidance may distinguish between sales, donations, mortgages, leases, and other instruments.
Don't assume a family transfer, donation, or no-money transfer is automatically exempt. Confirm the current Orleans Parish rule before recording.
Important:
If an exemption applies, the recording package may need to clearly fit the exemption. Ask the Orleans Parish recording office or the notary preparing the act before relying on an exemption.
Common Orleans Parish Documentary Tax Mistakes
- Assuming Louisiana has no transfer-related costs because there's no general statewide transfer tax
- Forgetting that Orleans Parish has a local documentary tax
- Assuming the tax is based on property value when most listed transfer documents are assessed a flat tax
- Failing to check whether the document type is taxable
- Assuming a donation or family transfer is automatically exempt
- Forgetting that recording fees are separate from documentary tax
- Using a Louisiana parish process that doesn't apply to Orleans Parish
How This Fits Into the Louisiana Quitclaim Deed Process
If the property is outside Orleans Parish, this local documentary tax may not apply.
If the property is in Orleans Parish, review the documentary tax before recording the deed, Act of Donation, Act of Sale, or other transfer document.
See the main Louisiana Quitclaim Deed Instructions page for the complete step-by-step Louisiana guide.
Orleans Parish Documentary Tax FAQ
Does Louisiana have a statewide real estate transfer tax?
Louisiana does not appear to impose a general statewide real estate transfer tax. Orleans Parish is different because it has a local documentary tax on many real estate transfer documents.
How much is the Orleans Parish documentary tax?
Orleans Civil Clerk guidance lists most taxable real estate transfer documents at a flat documentary tax of $325.
Who pays the tax?
Depending on the document, the responsible party may be the seller, donor, mortgagor, or party recording a commercial lease.
Does property value change the Orleans documentary tax?
For most listed real estate transfer documents, the tax is a flat amount rather than a percentage of property value.
Is this legal advice?
No. This page provides general educational information and is not legal advice.