How much is the Breckenridge real estate transfer tax, and who pays it?
Budget 1% of the price, and expect it on the buyer's side of the closing statement. The Breckenridge real estate transfer tax lands on the buyer under Town rules, though the contract has a line that can change who writes the check.
Here's an example. You find a two-bedroom condo in Breckenridge for $1,200,000. Your lender's estimate covers the loan costs, the title work, and the prepaid items. The Town of Breckenridge then adds its own line: 1% of the price, or $12,000, due when the deed transfers.
Buyers from the Denver Metro area are often surprised by this one, because most Front Range cities don't charge a transfer tax at all. Colorado's Taxpayer's Bill of Rights, passed in 1992, prohibits new or increased real estate transfer tax rates. Breckenridge's tax predates it, so it stayed on the books.
This post covers how the tax is calculated, who pays it under Town Code and under the Colorado contract, the exemptions that exist, and what to put in your budget before you make an offer.
How the Breckenridge Transfer Tax Works
The Town of Breckenridge's Real Estate Transfer Tax page lays out the basics:
- Rate: 1% of the gross consideration, which for a typical sale is the purchase price.
- When it's due: "Real Estate Transfer Tax is due and payable at the time of the transfer." It becomes delinquent if it stays unpaid for 30 days after that.
- How it's paid: A Verification of Gross Consideration form, completed online, with a copy of the deed attached.
In practice, the tax is typically collected at closing and appears as a line item on your settlement statement. The Town's code adds detail on what counts toward gross consideration, including liens or debts taken on to pay the purchase price.
What It Looks Like at Different Prices
These are examples at round prices, using the Town's 1% rate:
| Purchase price | Breckenridge transfer tax (1%) |
|---|---|
| $750,000 | $7,500 |
| $1,200,000 | $12,000 |
| $2,500,000 | $25,000 |
That's real cash at closing, so plan for it alongside your down payment and ask your lender how it fits your cash-to-close figure.
Who Pays: Town Code vs. Your Contract
The Town's answer is direct: "The burden of the tax is the responsibility of the property buyer or grantee."
The Colorado contract adds a twist. Section 15.4 of the Colorado Real Estate Commission's Contract to Buy and Sell Real Estate (Residential) covers "Local Transfer Tax" with four boxes: Buyer, Seller, one-half each, or N/A. Whichever box gets checked is what the buyer and seller agreed to between themselves.
So the Town looks to the buyer, and the contract decides who funds it. In Breckenridge, the buyer box is the common choice. A buyer can still ask the seller to pay part or all of it as a term of the offer, the same way you'd negotiate a closing cost credit. Whether a seller agrees depends on the property and the competition for it.
A Separate Line: Private Transfer Fees
Section 15.6 of the same contract covers private transfer fees, a different charge. These are fees set by a community association, developer, or foundation and paid when a property changes hands. Some Summit County subdivisions and resort communities carry them on top of the Town's tax.
You'll find them in the HOA documents and the title commitment. Ask early, because a private fee can add a meaningful amount to your closing costs.
Exemptions: What's Covered and What Isn't
Section 3-3-6 of the Breckenridge Town Code lists the transfers the tax doesn't apply to. Among them:
- Transfers with no consideration, or consideration of $500 or less
- Gifts with no consideration beyond love and affection
- Transfers by death, under a will, or by inheritance
- Transfers between spouses or former spouses under a separation agreement or divorce decree
- Certain transfers to an entity owned by the same people with the same relative interests
- Sales to provide low or moderate priced housing, with an application and recorded use restrictions
The list doesn't include a primary residence exemption or a first-time buyer exemption. A standard sale between unrelated parties pays the full 1%.
How to Claim an Exemption
An exemption isn't automatic. Under Section 3-3-8, the party claiming it applies for a certificate of exemption and carries the burden of proof. The Town's page says this applies to changes such as a name change, a transfer to a trust or LLC, or adding a spouse to title.
Starting in 2026, exemption applications carry a $15 filing fee, and the Town won't process the deed until it's paid. Applications without the required documents get returned.
If an exemption isn't approved before the transfer, the code requires the tax to be paid, with a refund request available if the exemption is allowed later.
Before You Make an Offer in Breckenridge
A few steps keep the transfer tax from becoming a closing-week surprise:
- Confirm the property is inside Town limits. A Breckenridge mailing address doesn't always mean the Town of Breckenridge. Properties in unincorporated Summit County fall outside the Town's tax, so verify the jurisdiction first.
- Add 1% to your cash-to-close estimate. Put it in the budget next to your down payment and loan costs.
- Decide what to ask for in Section 15.4. If the seller paying part of it matters to you, make it part of the offer instead of a request at inspection.
- Check for private transfer fees. Read the HOA documents and the title commitment for anything under Section 15.6.
- Plan any entity transfer ahead of time. If you intend to move the property into a trust or LLC later, ask your attorney or CPA how the exemption rules apply before you close.
Jamie Bridges, a REALTOR® with Keller Williams Realty DTC, helps buyers across Summit County, from Breckenridge and Frisco to Keystone and Copper Mountain, build a real cash-to-close number before they write an offer. He holds the Resort and Second-Home Property Specialist (RSPS) designation, and on every Breckenridge purchase he confirms Town limits, the transfer tax, and any private transfer fee at the start.
Frequently Asked Questions
Who pays the transfer tax in Breckenridge? The Town of Breckenridge places the burden of the 1% transfer tax on the buyer. The Colorado purchase contract lets the buyer and seller agree to split it or assign it to the seller, but the buyer usually pays.
Is there a primary residence exemption from the Breckenridge transfer tax? No. The exemptions in Section 3-3-6 of the Town Code cover items such as gifts, inheritance, divorce transfers, and some entity transfers. A standard sale of a primary residence or second home pays the full 1%.
Do I pay Breckenridge transfer tax if I move my condo into an LLC? It depends on the details. Certain transfers to an entity owned by the same people with the same relative interests are exempt, but you have to apply for a certificate of exemption, and a $15 filing fee applies starting in 2026.
If you're buying in Breckenridge, get the transfer tax into your numbers before you make an offer. Jamie Bridges is a REALTOR® with Keller Williams Realty DTC serving the Denver Metro Area and Summit County, Colorado. Call or text Jamie at 720-397-7555 for a cash-to-close breakdown on a specific property.
Sources: Town of Breckenridge Real Estate Transfer Tax page (no date posted; $15 exemption fee "starting in 2026"); Breckenridge Town Code Sections 3-3-6, 3-3-7, and 3-3-8; Colorado Real Estate Commission Contract to Buy and Sell Real Estate (Residential), version for use on or after January 1, 2026, Sections 15.4 and 15.6; Colorado Constitution, Article X, Section 20(8)(a). Price examples are illustrations. General information only. This isn't legal or tax advice.
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