Amended in Assembly March 27, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1888

Introduced by Assembly Member Ting

February 19, 2014

An act to amend begin delete Section end delete begin insert Sections end insert 11932 begin insert and 11933 end insert of the Revenue and Taxation Code, relating to taxation.

LEGISLATIVE COUNSEL’S DIGEST

AB 1888, as amended, Ting. Documentary transfer tax: document for recordation: amount of tax due shown on separate paper.

The Documentary Transfer Tax Act authorizes the board of supervisors of a county or city and county to impose a tax with expect to specified instruments that transfer specified interests in real property. begin delete Existing law end delete begin insert The act end insert requires the amount of tax due and the location of the property to show on the face of the document, and if the party submitting the document for recordation requests, that the amount of tax due be shown on a separate paper affixed to the document. begin insert The act prohibits the recorder from recording any deed, instrument, or writing subject to the tax, unless paid at the time of recording, and requires a signed declaration of the amount of tax due on the face of the document or on a separate paper as provided by the act. end insert

This bill would delete the requirement that, upon request, the amount of tax due be shown on a separate paper affixed to the begin delete document. end delete begin insert document, and would make a conforming change to the signed declaration requirement. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 11932 of the Revenue and Taxation Code
is amended to read:

11932.  

If a county has imposed a tax pursuant to this part,
every document subject to tax that is submitted for recordation
shall show on the face of the document the amount of tax due and
the incorporated or unincorporated location of the lands, begin delete tenements end delete
begin insert tenements, end insert or other realty described in the document.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 11933 of the end insert begin insert Revenue and Taxation Code end insert begin insert is
amended to read: end insert

11933.  

If a county has imposed a tax pursuant to this part, the
recorder shall not record any deed, begin delete instrument end delete begin insert instrument, end insert or
writing subject to the tax imposed pursuant to this part, unless the
tax is paid at the time of recording. A declaration of the amount
of tax due, signed by the party determining the tax or his begin insert or her end insert
agent, shall appear on the face of the document begin delete or on a separate
paper end delete in compliance with Section 11932, and the recorder may
rely begin delete thereon; provided he end delete begin insert on that declaration if the recorder end insert has
no reason to believe that the full amount of the tax due has not
been paid. The declaration shall include a statement that the
consideration or value on which the tax due was computed begin insert either end insert
was, or begin delete that it end delete was not, exclusive of the value of a lien or
encumbrance remaining on the interest or property conveyed at
the time of sale. Failure to collect the tax due shall not affect the
constructive notice otherwise imparted by recording a deed,
begin delete instrument end delete begin insert instrument, end insert or writing.